South v. Transportation Insurance

I respectfully dissent. I agree with the majority’s determination that the Workers’ Compensation Court did not err when it concluded that the parties were not mistaken in regard to the nature and extent of South’s injury at the time the settlement agreement was entered into. I disagree, however, with the majority’s conclusion that the parties were mutually mistaken in regard to the massage therapist position.

The majority states that the Workers’ Compensation Court failed to consider South’s contention of mutual mistake regarding the residual labor market issue. In fact, the Workers’…