Release Of Any And All Workers Compensation Claims

RELEASE OF ANY AND ALL WORKERS' COMPENSATION CLAIMS the undersigned Employee/Claimant, hereinafter referred I to as Releasor, for and in consideration of the sum of $ , which shall as indemnity benefits, $ as be allocated as follows: $ future medical costs, $ as attorney's fees, and $ as costs to be received from or on behalf of Employer and Carrier , hereinafter referred to as Releasees, voluntarily and knowingly enter into this Agreement as follows: I hereby do, upon payment of the consideration set forth above, forever release the above-mentioned Releasees from any and all liability for the payment or provision of any class of benefits, of whatever kind or classification available under the Florida Workers' Compensation Law or that of any other state of the United States, including, but not limited to, medical benefits in the past, present and future, monetary compensation in the past, present and future, as contemplated under § 440.15, Florida Statutes, impairment benefits, death benefits, attorney's fees, past medical benefits, and rehabilitation benefits under § 440.49, Florida Statutes, including rehabilitation disability benefits on account of the work-related accident(s) or occupational disease referenced herein because of the Releasor's alleged work-related accident of on or about or any other known or unknown work-related injury whether undiscovered or not reasonably discoverable or not matured or which may have already occurred or developed or may be latent or may in the future occur or develop that Releasor may have sustained while employed by the Employer herein and/or any successors or assigns of corporation, or other business entities. The Releasor further releases the Releasee from any and all claims arising from the administration of the claim and/or any claims arising under Part II of the workers' compensation policy. The Releasor represents and affirms that all accidents, injuries, and occupational diseases known to have occurred or have been sustained while employed by the Employer have been revealed. Additionally, Releasor voluntarily withdraws all pending claims with prejudice. Releasor understands that he/she is hereby relinquishing the right to have any resolved claims, conflicts or disputes heard and decided by the Judge of Compensation Claims. Releasor represents to Releasees that he/she and his/her attorneys alone are entitled to the settlement funds and that there are no liens or claims made upon these funds by any other party (except an arrearage in Child Support in the amount of $ ). Releasor hereby acknowledges, understands and agrees that Releasees shall only remain liable for payment to authorized medical providers for treatment rendered for the compensable injury(ies) through the date the Judge of Compensation Claims enters the Order Approving the Motion for Attorney's Fee and Child Support Allocation. The Releasees shall be solely responsible for the payment to any and all authorized medical providers for medical treatment/expenses incurred up to the date the Judge signs the Order approving the Motion for Attorney's Fee and Child Support Allocation. (optional) The authorized medical providers referred to in the preceding paragraph are: 1 American LegalNet, Inc. www.FormsWorkflow.com Releasor hereby agrees to indemnify and hold harmless the Releasees from any and all claims, liens, and subrogated interests herein for which these funds are or may be intended. It is specifically understood by and between the Releasor and Releasees that this Release is in no way to be construed as an admission of any wrongdoing or liability on the part of the Releasees. It is expressly warranted by Releasor that no promise or inducement has been offered except as set forth herein; that this Release is executed without reliance on any statement of the Releasees, or their representatives, concerning the nature and extent of the injury(ies), claims of lien and/or legal liability thereof, and that Releasor has fully discussed the terms and significance of this Release with the attorney of their choice and have made the informed, knowing and voluntary decision to execute this Release. The Releasor represents that the terms and conditions of this settlement agreement have been completely read and explained to him by his attorneys and that those terms are fully understood and are voluntarily accepted by him. The Releasor acknowledges and agrees that this Release contains the entire agreement among the parties hereto, and that the terms of this Release are contractual and binding, not merely a recital. Any modification of this Release must be in writing and signed by both Releasor and Releasees. Releasor acknowledges and agrees that this Release shall not be subject to modification. Releasor further understands and agrees that this Release of All Claims shall be construed and interpreted in accordance with the laws of the State of Florida. Should any Court deem any portion or provision of this Release null or void, the remainder of the Release shall remain in full force and effect. Releasee does/does not waive its subrogation rights under § 440.39. In reaching this agreement, the parties have, pursuant to § 440.15 Florida Statutes, considered the present value of all future payments of monetary compensation, impairment benefits and death benefits potentially payable to the Releasor on account of the accident referenced herein. In arriving at the stipulated settlement amount, the parties have taken into consideration the Releasor's age of , his/her life expectancy years as established by the United States Life Tables published by the U. S. of Department of Health and Human Services and have also used the statutory eight (8) percent discount rate tables. Consideration was also given to the possible loss of supplemental benefits due under § 440.15 Florida Statutes and to the right of the Social Security Administration to offset disability benefits payable under Florida law. The present value of the future compensation herein was discounted sufficiently to take into consideration the Releasees' right to offset compensation benefits due under the Florida Workers' Compensation Act against benefits payable in the past and/or future, on account of total disability under Chapter 42 of the United States Code. Specifically, the parties stipulate that in arriving at the amount of the lump sum settlement, the parties have recalculated the Releasor's weekly compensation rate to be $