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32.0668 Settlement of employer’s liability.

Cite as [A.S.C.A. § 32.0668]

In cases under subsection (b) of 32.0609 and 32.0611, whenever the Commissioner determines that it is in the best interests of an injured employee entitled to compensation, he may, with the approval of the Commission, approve agreed settlements of the interested parties, discharging the liability of the employer for such compensation, notwithstanding 32.0672 and subsection (b) of 32.0554. The sum so agreed upon shall be payable in installments as provided in subsection (b) of 32.0660, which installments shall be subject to commutation under 32.0666. If the employee should die from causes other than the injury after the Commission has approved an agreed settlement, the sum so approved shall be payable, in the manner prescribed in this section, to and for the benefit of the persons enumerated in 32.0614.

History: 1967, PL 10-15; amd 1977, PL 15-18 § 3.

Case Notes:

When a defendant has provided no showing regarding the context in which a release was signed--the negotiations preceding its execution; the circumstances under which it was signed; whether the underlying payment was a settlement under A.S.C.A. § 32.0668, commuted per A.S.C.A. § 32.0666; or whether the Commissioner had approved such settlement or issued a formal compensation order--an inference of invalidity must be drawn in plaintiff's favor for purposes of summary judgment. A.S.C.A. §§ 32.0668, 32.0666; T.C.R.C.P. 56. Etimani v. Samoa Packing Co., 19 A.S.R.2d 1 (1991).

A settlement agreement which has been approved by the Workmen’s Compensation Commission effectively discharges an employer's liabilities under the Act. A.S.C.A. § 32.0668. Etimani v. Samoa Packing Co., 19 A.S.R.2d 1 (1991).

Only those settlements between the parties that have been approved by the Workmen’s Compensation Commission have the effect of discharging an employer's liability for compensation. A.S.C.A. § 32.0668. Patau v. Rosendahl Corp., 19 A.S.R.2d 80 (1991).

Amendment: 1977 changed style of citation.