Posted on Dec 06, 2017
Reihe filed a petition requesting the unpaid portion of his award. Midwest filed a counterclaim to reform the contract alleging that the written settlement should have stated from June 3, 2014 when they started paying Reihe his benefits and that the date of March 5, 2015 was a typographical error and does not reflect the understanding of the parties.” Reihe admitted that during the proceedings that the parties’ original understanding of the agreement was that Midwest would be credited with payments from June 3, 2014 but that the agreement was approved by the Workers’ Compensation Commissioner. Midwest Viking moved to correct the written agreement and the district court remanded the matter to the commissioner “for the entry of an Order Nunc Pro Tunc (retroactively to correct an earlier ruling) correcting the Compromise Settlement to accurately reflect the true agreement made by the parties…”
Reihe appealed the ruling stating that the written agreement was a contract that should be legally binding and he also asked for attorney fees to be reimbursed. The court ruled in favor of Midwest Viking on both accounts. The agreement that the parties agreed upon in the original settlement was to be upheld.