Bobby Lykins, by George Duranske, conservator, Respondent, vs. Anderson Contracting, Inc., and SFM Mutual Insurance…

Summary

The court held that the Workers’ Compensation Court of Appeals may set aside an award based on a settlement that was invalid because the employee required a conservator but had none. The evidence sufficiently supported further fact-finding on whether Lykins was incapacitated when he signed the settlements, and the workers’ compensation courts have jurisdiction to decide that issue. The court vacated the direction to refer the capacity issue to district court because the statutory referral provision does not apply when the employee already has a conservator.