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MICAH R. HANDY vs. MONTANA STATE FUND

Workers' Compensation Court of the State of Montana

Grounds for rescission of settlement

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2016 MTWCC 15
WCC No. 2016-3728. MICAH R. HANDY vs. MONTANA STATE FUND.

Summary: Petitioner sought rescission of his settlement, arguing: (1) he did not understand he was fully settling his claim because he did not read the settlement agreement; (2) he could not have understood the settlement agreement if he had read it; (3) he was under economic duress; and (4) the settlement is unconscionable. Respondent maintains that Petitioner’s claim is time-barred and that he has not met his burden of proof.

Held: Petitioner’s claim is not time-barred. However, Petitioner has presented no viable grounds on which to rescind the settlement. Therefore, the settlement agreement remains in effect.

Judgment: Handy’s claim is not time-barred. Handy has not proven a legal basis for rescinding the settlement agreement.

READ FULL DOCUMENT AT ORIGNAL SOURCE: http://wcc.dli.mt.gov/h/Handy_2016%20MTWCC15.pdf