South v. Transportation Insurance

Appellant Suzanne E. South (South) appeals the decision of the Montana Workers’ Compensation Court denying her petition to rescind a settlement agreement arising from her 1986 back injury. We reverse.

The sole issue on appeal is whether the Workers’ Compensation Court erred in refusing to rescind the settlement agreement.

FACTS

South sustained an on-the-job injury to her back in 1986. She underwent back surgery in late 1986 and again in 1988 to alleviate her back problems. Both surgeries were on the “L5/S1” level of her *400spine. In 1990, she entered into a Ml and Mai compromise settlement…