In most cases, the employers do want a formal resignation which will say something along these lines, “Employee agrees to resign and not seek employment again with employer”. The Workers’ Compensation Judges, however, do not have jurisdiction over this issue, so the resignation is not submitted to the WCJ. But many employers require the resignation in exchange for the lump sum settlement in the Compromise & Release.
I tend to advise my clients to sign the resignation, if they agree that working for the employer down the road is not desirable. In most cases, an injured worker has accrued some ill will towards the employer (and insurer) as a result of many factors in the workers’ comp proceedings- so they are normally not reluctant to sign the resignation. Both parties tend to agree that parting ways is a healthy thing.
For more information about this topic, email me at Michael@cardamonelaw.com or call 215.206.9068