W.M. v. Economical Mutual Insurance Company (18-010752)

The claimant sought to dispute various accident benefits; the insurer argued that the claimant had entered into a binding settlement. Adjudicator Watt concluded that the claimant had entered into a binding settlement. He held that the evidence was clear that the intentions of the parties was a full and final release of all benefits claimed rather than a partial settlement. He held that there was no evidence of a capacity issue. Finally, he wrote that the Tribunal did not have equitable jurisdiction to enforce rescission of the settlement had it been unconscionable.