Is it possible to successfully appeal a workers’ compensation judge (WCJ) decision approving a compromise and release agreement? Of course the main question is why anyone would want to do that in the first place. The second issue would necessarily be on what basis could a C&R decision possible be overturned. Given the extensive questioning by both attorneys and the judge as to the claimant’s competency, understanding of the agreement and the lack of any outside influence, it seems unlikely that a situation would ever arise where the appeal board would ever vacate a C&R decision.
While the odds against successfully appealing a C&R decision are very long indeed, that does not stop injured workers from trying, on occasion. Earlier this month, in a precedential decision, the Pennsylvania Commonwealth Court took up this very issue. In the matter of Hymms v. Commwealth of Pennsylvania (Workers’ Compensation Appeal Board), (Pa. Commw., No. 909 C.D. 2021, filed 3/18/22) the court was presented the case of an injured worker who settled his case and then asserted that the amount of the settlement was inaccurate, compelling him to file an appeal of the recently circulated decision approving his compromise and release agreement. As implausible as this sounds, the claimant’s argument was actually relatively compelling, as far as arguments to set aside comprise and release agreements go.
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