Lemly v. Colvard Oil Co.

EAGLES, Chief Judge.

Colvard Oil Company and Federated Mutual Insurance Company (“defendants”) appeal from an opinion and award of the full Commission concluding that a memorandum of settlement arising out of a mediated settlement conference was not enforceable as a compromise settlement agreement and awarding Michael Lemly (“plaintiff’) total disability benefits. After careful consideration of the briefs and record, we reverse and remand.

The plaintiff worked for defendant Colvard Oil Company (“Colvard Oil”) as a truck driver. On 6 May 1997, the plaintiff was hauling gravel when tree limbs…