Reference no: EM131377932
A fifteen-year-old minor was employed by Midway Toyota, Inc., of Great Falls, Montana. On August 18, 2006, the minor, while engaged in lifting heavy objects, injured his lower back. In October 2006 he underwent surgery to remove a herniated disk. Midway Toyota paid him the appropriate amount of temporary total disability payments ($153.36 per week) from August 18, 2006, through November 15, 2007.
In February 2008 a final settlement was reached for 150 weeks of permanent partial disability benefits totaling $18,403.40. Tom Mazurek represented Midway Toyota in the negotiations leading up to the agreement and negotiated directly with the minor and his mother, Hermoine Parrent. The final settlement agreement was signed by the minor only.
Mrs. Parrent was present at the time and did not object to the signing, but neither she nor anyone else of ‘‘legal guardian status'' cosigned the agreement. The minor later sought to disaffirm the agreement and reopen his workers' compensation case.
The workers' compensation court denied his petition, holding that Mrs. Parrent ‘‘participated fully in consideration of the offered final settlement and ... ratified and approved it on behalf of her ward ... to the same legal effect as if she had actually signed [it]....'' The minor appealed. Decision?
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