Finnerty v. Yellow Freight Systems, Inc.

Plaintiff-appellant, Toni Finnerty, is the surviving spouse of John Finnerty and the executrix of his estate. While the deceased was employed by the appellee, Yellow Freight Systems, Inc., he sustained an injury to his lower back. Mr. Finnerty received temporary total compensation benefits as a result of the injury until the time of his death.

Appellee, a self-insuring employer, and Mr. Finnerty had reached a settlement agreement providing for a release of all his claims for a lump sum payment of $50,000. On March 7,1985, a joint application for “Approval of Final Settlement and Dismissal of…