Document NGkEwyvRRd01Y4yza0eGbMQbw

Vorys, Sater, Seymour and Pease Suite 2100 . Atrium TWo 221E. Fourth street Post Office Box 0236 Cincinnati, Ohio 45201-0236 Telephone (S13) 723-4000 . Telecopier (513) 723-4056 Arthur l. Vorys IQSG-1933 Lowry R sater 1887-1935 Augustus T, Seymour 1873-193(3 Edward u Pease 1873 1924 in Columbus 52 East Day Street Post office Box 1008 Columbus, OhlO 4.3216-1008 Telephone tsui 4C54-640O Telecopier tei4i 404*0350 Raplfax (0141 404-6453 Telex 241348 Cable voRYSATGR In Washington suite 1111 1828 L street, NW Washington.D.C. 20036-5104 Telephone (202! 822-8200 Teleicoptcr (202) 835-0099 Telex 440693 In Cleveland 2100 One Cleveland center 1375 East Ninth street Cleveland,Ohio 44114-1724 Telephone 1216) 621 - 70 91 Telecopier <2161 621-83 68 Writer's Direct Dial Number (513) 723-4012 L/uxt-ikS. kin., iia February 5, 1990 ; e n 09 J Mr. Anthony J. Colangelo Workers' Compensation Claims Examiner The Sherwin-Williams Company 101 Prospect Avenue, N.W. Cleveland, Ohio 44115-1075 RE: Claimant: Employer: Claim No: Sherwin-Williams 888596-2 REDACTED v. Sherwin-Williams Co., et al. Case No: A 8701440 Dear Tony: X enclose herewith a Memorandum of Law on the issue we discussed regarding the release of a future but unaccrued claim. It appears that " " wife cannot at this time release her potential claim n ner husband dies at a later date from an employment related condition. However, I have included language in the settlement agreement whereby " and his "heirs, executors, administrators..." release Sherwin-Williams Company. I have also included a signature line for I do not know if that will pass muster with the Commission member that approves the settlement. However, it is worth trying. I also enclose herewith the application for approval of settlement which should be signed by Sherwin-Williams. Finally, I enclose copies of the proposed settlement agreement and release. We will have the case pending in court conditionally dismissed pending approval of the settlement by the Industrial Commission. If you have any questions, please do not hesitate to call. Very truly yours, (J, Offa-ps' Yolanda V. Vofrys YW/tck cc: Thomas M. Taggart, Esq. N40186 0007-SWP-005804662 TO: FROM: DATE: RE: MEMORANDUM Yolanda V. Vorys Michael E. Clancey January 24, 1990 Sherwin-Williams company/ FACTS Robert Scott alleges that he sustained an injury while in the course of and arising out of his employment with Sherwin- Williams Company (hereinafter "Sherwin-Williams"). Mr. filed a claim with the Industrial Commission which was allowed for "chemical induced bronchial asthma and coronary insufficiency resulting in aggravation of pre-existing angina". Sherwin- Williams appealed to the Court of Common Pleas. The parties now wish to accomplish a full and final settlement of all of Mr. industrial claims for the sum of $40,000. ISSUE Whether a claimant, in settling a pending workers' compensation claim, may also release any death claim that may arise in the future? ANSWER REDACTED No. DISCUSSION Ohio Rev. Code 4123.80 declares invalid any agreement by an employee to waive his right to compensation. This provision, however, has not been read to prohibit settlement of N40186.01 0007-SWP-005804663 CONFIDENTIAL