Anderson v. TBA Partnership, Ltd.

I agree with the majority that it is difficult, if not impossible, to distinguish Eden-field from this case. Nevertheless, I would hold that a joint stipulation for settlement of a workers’ compensation claim may not contain a general release of claims that are beyond the jurisdiction of the judge of compensation claims. If the parties wish to settle claims that cannot be litigated in a workers’ compensation forum, they should be required to settle those claims with a separate general release supported by separate consideration. Edenfield simply encourages workers’ compensation insurance…