A fifteen-year-old minor was employed by Midway Toyota, Inc. On August 18, 2015, the minor, while engaged in lifting heavy objects, injured his lower back
A fifteen-year-old minor was employed by Midway Toyota, Inc. On August 18, 2015, the minor, while engaged in lifting heavy objects, injured his lower back. In October 2015, he underwent surgery to remove a herniated disk. Midway Toyota paid him the appropriate amount of temporary total disability payments ($53.36 per week) from August 18, 2015, through November 15, 2016. In February 2017, a final settlement was reached for 150 weeks of permanent partial disability benefits totaling $6,136.40. Tom Mazurek represented Midway Toyota in the negotiations leading to the agreement and negotiated directly with the minor and his mother, Hermione Parrent. The final settlement agreement was signed by the minor only. Mrs. Parrent, who was present at the time, did not object to the signing, but neither she nor anyone else of “legal guardian status” co-signed the agreement. The minor later sought to disaffirm the agreement and reopen his workers’ compensation case. The workers’ compensation court denied his petition, holding that Mrs. Parrent “participated fully in consideration of the offered final settlement and … ratified and approved it on behalf of her ward to the same legal effect as if she had actually signed [it].” The minor appealed. Decision?
Minors are individuals under the age of 18, who have not gained the capacity to sign a contract.
To have a legally binding contract, the consent of a guardian or the signature of a guardian should be obtained.
Individual H is aware of all the terms of the contract and understands them clearly but the actual signature on the contract is of a minor, which makes the contract void.
According to the disaffirmance, the minor is going to win the case. One of the principles to a contract is that a minor is not eligible to sign an agreement. On doing so, the contract or agreement is considered to be void.
The minor is allowed to repudiate the case since the agreement was signed by the minor. Though Individual H, the parent of the minor, appeared at the time of signing the contract, the signature was not given by the guardian but the minor.