Amerigas Propane v. Indus. Claim Appeals Office of Colo.

Opinion by JUDGE BERNARD

¶ 1 Should an administrative law judge reopen a settlement of a workers' compensation claim on the grounds of mutual mistake of material fact if (1) the worker later discovered an injury that was unknown at the time of the settlement and that was related to the original injury; and (2) the settlement agreement clearly stated that the worker would forever waive his right to ask his employer for compensation for any such unknown injuries? Under the facts of this case, we conclude that the answer to this question is "no."

¶ 2 The worker in this case, Victor England, was…