Stratton v. Death & Permanent Total Disability Trust Fund

Melvin Mayfield, Judge.

The crucial issue in this appeal from a decision of the Workers’ Compensation Commission is whether the claimant, appellant Joseph R. Stratton, can proceed against the Death and Permanent Total Disability Trust Fund after entering into a joint petition settlement with his employer and its insurer. (Prior to Act 3 93 of 198 3, the name of the appellee Fund was the Death and Permanent Total Disability Bank Fund.)

On July 5, 1977, appellant suffered a compensable injury. On November 24,1986, he entered into a joint petition settlement with the employer and its insurance…