- 10 -
interpret the wording of the release3 so that the words “on
account of or in any way arising out of any and all known and
unknown economic losses or damages compensable under the Fair
Labor Standards Act” modifies only “all consequential damage”
rather than modifying the list of all types of relief preceding
and including “all consequential damage”. By reading the
release in this manner, petitioners claim that they gave up all
possible “actions”, “causes of action”, “claims”, “demands”,
not limited to economic losses or damages, against the State of
Kansas when they signed that release. In doing so, petitioners
contend that they settled the claims for petitioners’ medical
conditions, thereby making the settlement proceeds paid on
account of personal injury and/or sickness. We reject this
interpretation.
Petitioners’ interpretation of the release language is
untenable when considered in conjunction with the explanations
3 The actual release stated:
I * * * hereby release, acquit and forever discharge
the State of Kansas * * * of and from any and all
actions, causes of action, claims, demands, declaratory
judgment, damages, back wages, overtime compensation,
expenses, compensation, attorneys fees, interest,
liquidated damages, costs, and all consequential damage
on account of or in any way arising out of any and all
known and unknown economic losses or damages
compensable under the Fair Labor Standards Act
resulting from or which may result from my employment
with the State of Kansas or any agency of the State of
Kansas from January 1, 1987 through August 31, 1994.
[Emphasis added.]
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011