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Argued: February 11, 2002

The Department of Corrections (Employer) petitions for review of an order of the Workers’ Compensation Appeal Board (Board), affirming an order of the Workers’ Compensation Judge (WCJ), approving a compromise and release agreement (C&R) between Employer and Kelland McClellan (Claimant). We affirm.

The facts of this case are unique. Claimant originally sustained an injury to his back in the course and scope of his employment on March 31, 1996. Employer thereafter issued a notice of compensation payable, describing Claimant’s injury as a “lumbosacral strain.” Initially, Claimant received his gross salary in lieu of workers’ compensation benefits pursuant to what is commonly referred to as the Heart and Lung Act. *fn1 Those benefits were terminated, however, following a determination that Claimant’s disability was permanent in nature. Thereafter, Claimant received total disability workers’ compensation benefits. In June of 1999, Claimant, through his counsel, negotiated a proposed settlement with Employer’s workers’ compensation insurance carrier to resolve his claim in exchange for a lump sum payment of $75,000.00. Claimant subsequently filed a petition to seek approval of a C&R.

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