Leona Seal, as Personal Representative of the Estate of Nicholson J. Tinker v. Mark C. Welty d/b/a North Country…

Summary

The court held that the Board’s approval of a global settlement did not convert tort-settlement proceeds into workers’ compensation benefits or bar the estate’s wrongful death action against the putative employer. Interpreting the agreement as a whole, the court concluded that the estate elected the civil remedy, dismissed its workers’ compensation claim, and settled the wrongful death claim against the property owner while preserving its claim against Welty. The court reversed summary judgment, vacated the final judgment, and remanded for further proceedings.