“Any And All Claims” Language In Release Found To Be Ambiguous; Does Not Necessarily Release Employer From Pending Workers’ Compensation Claim

Passaic Beth Israel Hospital v. Perez, 2008 WL 612308 (App. Div. 2008) – In this case, the court considered whether the Law Division judge correctly determined that a settlement agreement reached by the parties in a discrimination/wrongful termination action also encompassed a workers’ compensation claim then pending. The court concluded that the settlement agreement was ambiguous in this regard.  Although the agreement expressly indicated the hospital was released “from any and all claims, known or unknown” that the plaintiff had against the hospital, the court found ambiguity was created by the agreement not expressly referencing the plaintiff’s workers’ compensation claim of which the hospital was aware at the time the settlement agreement was signed.

The court determined the ambiguity could not be resolved without an evidentiary hearing, and remanded the matter with instructions that an evidentiary hearing be conducted.

Note: This article was published in the April 1, 2008 issue of the New Jersey eAuthority.