Phelan v. Lee Blaine Enterprises

The claimant, Anna Phelan, a twenty-four year old female, filed a Petition for Hearing before the Workers’ Compensation Court asking the court to set aside a final settlement entered into August 1981 on the grounds that the parties to the settlement were suffering from a mutual mistake of fact. The court barred claimant’s petition as res judicata and this appeal followed.

We reverse the judgment of the Workers’ Compensation Court barring claimant’s petition, and remand this matter to the court with directions to hear the petition on its merits.

The present action arises out of a case which was…