Settlements: Reopening: Mutuality of Mistake

Keller v. Liberty Northwest Ins. Corp. [02/16/10] 2010 MTWCC 4 Although the claimant testified that prior to entering into her settlement agreements, she had no knowledge that her medical condition included either scapular winging or long thoracic nerve damage, her medical records predating the settlement agreements contain multiple references to these conditions. The claimant submitted no evidence that the insurer had no knowledge of these conditions. To contend the insurer had no knowledge of these conditions is contrary to the evidence submitted to the Court. Therefore, no mutual mistake of fact occurred.

Stokes v. Liberty Mutual [12/17/09] 2009 MTWCC 39 Although Petitioner contended that he was mistaken in relying on the job analyses which were approved by his treating physician because he believed he could obtain one of the approved positions after he settled his claim and his job search has so far been fruitless, the Court concluded that Petitioner had not proven that similar jobs within his restrictions do not exist, nor had he proven that both he and the insurer were mistaken as to the existence of those jobs.

Harter v. Liberty Northwest Ins. Corp. [12/11/06] 2006 MTWCC 39 Even if the Court accepted Petitioner’s testimony that his physician informed him that his knee locking would cease at some point, Petitioner could not prevail. Respondent was neither aware of Petitioner’s locking knee on the date of settlement, nor knew of any statement by Petitioner’s physician that his knee would cease to lock in the future. Therefore, no mutual mistake of fact exists to justify setting aside the settlement.