32.0666 Lump sum-Reimbursements.

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(a) Whenever the Commissioner determines that is it in the interest of justice, the liability of the employer, for compensation or any part thereof, as determined by the Commissioner, may, with the approval of the Commission, be discharged by the payment of a lump sum equal to the present value of future compensation payments commuted, computed at 3% true discount compounded annually. The probability of the death of the injured employee or individual, entitled to compensation before the expiration of the period during which, he is, entitled, to compensation shall be, determined in accordance with the United States Life Table and the probability of the remarriage of the surviving wife shall be determined in accordance with the American Remarriage Table. The probability of the happening of any other contingency affecting the amount or duration of the compensation shall be disregarded.

(b) If the employer has made advance payments of compensation, he shall be entitled

to be reimbursed out of any unpaid installments or installments of compensation due.

History: 1967, PL 10-15.

Case Notes:

When a defendant has provided no showing regarding the context in which a release was signed–the negotiations preceding its execution; the circumstances under which it was signed; whether the underlying payment was a settlement under A.S.C.A. § 32.0668, commuted per A.S.C.A. § 32.0666; or whether the Commissioner had approved such settlement or issued a formal compensation order–an inference of invalidity must be drawn in plaintiff’s favor for purposes of summary judgment. A.S.C.A. §§ 32.0668, 32.0666; T.C.R.C.P. 56. Etimani v. Samoa Packing Co., 19 A.S.R.2d 1 (1991).