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following language in paragraph 1: “It is expressly understood
that the above payment is made to compromise and release what are
substantial tort claims being made against DH&S by me.” Mr.
Forste deleted this.5 On the advice of a certified public
accountant, Mr. Forste changed the language in paragraph 1 to
refer to “Workmen’s Compensation” instead of “personal injuries”.
Mr. Forste did not file a workers’ compensation claim relating to
his dispute with DHS, and it does not appear that he informed DHS
of any intention of filing such a claim.
The parties entered into an agreement dated September 27,
1985,6 which stated:
1. In settlement of all claims for Workmen’s
Compensation arising from my employment or
termination with DH&S, and without DH&S admitting
any liability, and expressly denying any liability
for any and all claims which may be or are claimed
to result from my employment or termination with
DH&S, in lieu of a lump sum settlement, DH&S will
provide me with a structured settlement providing
for annual compensation payments of $25,130 (to be
adjusted as described in paragraph 2.e. below)
payable in bi-weekly installments commencing
immediately upon the effective date of my
termination, and continuing until my death or my
election under paragraph 2.c. below.
2. In addition, as additional compensation for other
claims and entitlements, DH&S agrees to provide me
with:
5Paragraph 2 of the same draft begins: “In addition, as
compensation for other non-tort claims and entitlements, DH&S
agrees to provide me with:”.
6This agreement was accepted by DHS on Oct. 10, 1985.
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