Smith v. Rose Auto Stores

ZEHMER, Judge.

Margaret Smith, as personal representative of the estate of Robert Smith, appeals a workers’ compensation order that vacates an earlier order approving a settlement agreement between employer and carrier and Mrs. Smith’s deceased husband, Robert Smith. Because Mr. Smith’s death prior to *810the judge of compensation claims’s approval of the settlement agreement was a material fact that was essential to the judge’s consideration of the agreement, we hold that such fact provided a sufficient basis for the judge’s later vacation of the order of approval and affirm the appealed order.

The…