ArvinMeritor, Inc. v. Clifton Johnson

ArvinMeritor, Inc. v. Clifton Johnson
CV 2090822, 2011 WL 751925
(Ala. Civ. App., Feb 25, 2011)

This case involved an Alabama workers’ compensation claim filed in 1999.  In February 2003, the trial court found the claimant 100% permanently disabled as a result of an occupational disease and issued a judgment requiring the employer to pay indemnity benefits and the claimant’s future medical expenses related to his occupational disease. (The claimant also filed a separate third party action in relation to this claim).

In November 2008, the parties reached a settlement of the workers’ compensation claim for an undisclosed amount.  The settlement agreement, in part, contained provisions indicating that a proposed MSA of $83,936.17 had been calculated but NOT yet approved by CMS and that the employer was to contribute “up to $65,000” to fund the MSA, “with the balance of the amount necessary to fund the MSA to be paid by [the claimant].”  The court then approved the settlement prior to CMS’ review of the proposed MSA as contemplated by the parties. Continue reading “ArvinMeritor, Inc. v. Clifton Johnson”