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Release Of Any And All Workers Compensation Claims Form. This is a Florida form and can be use in Workers Comp.
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Tags: Release Of Any And All Workers Compensation Claims, Florida Workers Comp,
RELEASE OF ANY AND ALL WORKERS’ COMPENSATION CLAIMS
the undersigned Employee/Claimant, hereinafter referred
I
to as Releasor, for and in consideration of the sum of $
, which shall
as indemnity benefits, $
as
be allocated as follows: $
future medical costs, $
as attorney’s fees, and $
as costs to be
received from or on behalf of Employer
and Carrier
,
hereinafter referred to as Releasees, voluntarily and knowingly enter into this
Agreement as follows:
I hereby do, upon payment of the consideration set forth above, forever release the
above-mentioned Releasees from any and all liability for the payment or provision of
any class of benefits, of whatever kind or classification available under the Florida
Workers’ Compensation Law or that of any other state of the United States, including,
but not limited to, medical benefits in the past, present and future, monetary
compensation in the past, present and future, as contemplated under § 440.15, Florida
Statutes, impairment benefits, death benefits, attorney’s fees, past medical benefits,
and rehabilitation benefits under § 440.49, Florida Statutes, including rehabilitation
disability benefits on account of the work-related accident(s) or occupational disease
referenced herein because of the Releasor’s alleged work-related accident of on or
about
or any other known or unknown work-related injury whether
undiscovered or not reasonably discoverable or not matured or which may have already
occurred or developed or may be latent or may in the future occur or develop that
Releasor may have sustained while employed by the Employer herein and/or any
successors or assigns of corporation, or other business entities. The Releasor further
releases the Releasee from any and all claims arising from the administration of the
claim and/or any claims arising under Part II of the workers’ compensation policy.
The Releasor represents and affirms that all accidents, injuries, and occupational
diseases known to have occurred or have been sustained while employed by the
Employer have been revealed. Additionally, Releasor voluntarily withdraws all pending
claims with prejudice.
Releasor understands that he/she is hereby relinquishing the right to have any
resolved claims, conflicts or disputes heard and decided by the Judge of Compensation
Claims.
Releasor represents to Releasees that he/she and his/her attorneys alone are
entitled to the settlement funds and that there are no liens or claims made upon these
funds by any other party (except an arrearage in Child Support in the amount of $
).
Releasor hereby acknowledges, understands and agrees that Releasees shall only
remain liable for payment to authorized medical providers for treatment rendered for the
compensable injury(ies) through the date the Judge of Compensation Claims enters the
Order Approving the Motion for Attorney’s Fee and Child Support Allocation. The
Releasees shall be solely responsible for the payment to any and all authorized medical
providers for medical treatment/expenses incurred up to the date the Judge signs the
Order approving the Motion for Attorney’s Fee and Child Support Allocation. (optional)
The authorized medical providers referred to in the preceding paragraph are:
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Releasor hereby agrees to indemnify and hold harmless the Releasees from any
and all claims, liens, and subrogated interests herein for which these funds are or may
be intended.
It is specifically understood by and between the Releasor and Releasees that this
Release is in no way to be construed as an admission of any wrongdoing or liability on
the part of the Releasees. It is expressly warranted by Releasor that no promise or
inducement has been offered except as set forth herein; that this Release is executed
without reliance on any statement of the Releasees, or their representatives, concerning
the nature and extent of the injury(ies), claims of lien and/or legal liability thereof, and
that Releasor has fully discussed the terms and significance of this Release with the
attorney of their choice and have made the informed, knowing and voluntary decision to
execute this Release. The Releasor represents that the terms and conditions of this
settlement agreement have been completely read and explained to him by his attorneys
and that those terms are fully understood and are voluntarily accepted by him.
The Releasor acknowledges and agrees that this Release contains the entire
agreement among the parties hereto, and that the terms of this Release are contractual
and binding, not merely a recital. Any modification of this Release must be in writing and
signed by both Releasor and Releasees.
Releasor acknowledges and agrees that this Release shall not be subject to
modification.
Releasor further understands and agrees that this Release of All Claims shall be
construed and interpreted in accordance with the laws of the State of Florida. Should
any Court deem any portion or provision of this Release null or void, the remainder of
the Release shall remain in full force and effect.
Releasee does/does not waive its subrogation rights under § 440.39.
In reaching this agreement, the parties have, pursuant to § 440.15 Florida Statutes,
considered the present value of all future payments of monetary compensation,
impairment benefits and death benefits potentially payable to the Releasor on account
of the accident referenced herein. In arriving at the stipulated settlement amount, the
parties have taken into consideration the Releasor's age of
, his/her life expectancy
years as established by the United States Life Tables published by the U. S.
of
Department of Health and Human Services and have also used the statutory eight (8)
percent discount rate tables. Consideration was also given to the possible loss of
supplemental benefits due under § 440.15 Florida Statutes and to the right of the Social
Security Administration to offset disability benefits payable under Florida law. The
present value of the future compensation herein was discounted sufficiently to take into
consideration the Releasees’ right to offset compensation benefits due under the Florida
Workers' Compensation Act against benefits payable in the past and/or future, on
account of total disability under Chapter 42 of the United States Code. Specifically, the
parties stipulate that in arriving at the amount of the lump sum settlement, the parties
have recalculated the Releasor's weekly compensation rate to be $
. This
amount was arrived at by dividing the net workers' compensation lump sum settlement
of $
by the Releasor's life expectancy of
weeks.
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In reaching this agreement, the parties have considered that many common
medical expenses are not paid or reimbursable under the Federal Medicare program.
These medical expenses are the responsibility of the Releasees’ and are being taken
into consideration in the settlement of future medical. These expenses include travel
expenses, nonprofessional attendant care, rehabilitation expenses, routine follow-up
visits, supporting devices, medical comfort services, Medicare Hospital deductible and
Medicare part B co-payments, emergency room treatment and hospitalization not
covered by Medicare but necessary in the ongoing treatment of the workers’
compensation injury. It is the intent of the parties that future medical expenses in the
amount of
shall be utilized by the Releasor for these non-covered services.
This payment is equal to $
per week, representing those services not covered
by Medicare brought forward in one lump sum. This sum is to be for the next
years
into the future, representing the Releasor’s life expectancy.
The parties agree that a Medicare Set Aside Agreement (MSA) is/is not required. If
an MSA is necessary, the parties shall execute all documents required to obtain CMS
approval of the MSA. This agreement is/is not binding on the parties until CMS
approves of the MSA.
days of
The Releasees shall pay the consideration for this Release within
the date the Judge of Compensation Claims mails the Order approving the Motion for
Attorney’s Fee and Child Support Allocation.
Additional terms:
Releasor
Attorney for Releasor
Authorized representative of Releasees
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