In 2017, Melvin Schwechter, a BakerHostetler attorney, went on a biking retreat lead by the company. While on the trip, an accident occurred that led to Schwechter being paralyzed. He immediately filed a workers' compensation claim, which was soon denied by a judge who determined that Schwechter was not owed benefits or compensation because the accident "did not arise out of the work he completed for the firm." Schwechter immediately appealed the decision to the Compensation Review Board in Washington D.C., which is part of the Department of Employment Services. During this time, both parties were able to come to a deal that BakerHostetler would pay out a lump sum of $1.05 million for "medical expenses arising out of the accident."

Not even one year later, Schwechter attempted to appeal the settlement decision, claiming that his disability condition had changed within the year, and that his compensation should be compromised. Schwechter claims that his condition has gotten worse, and that Covid-19 negatively impacted his treatment and caused his medical expenses to increase.

A panel of judges was created to review the appeal, and the panel found that the appeal should be dismissed because lump sum payments cannot be modified under the D.C. appeal code Schwechter attempted.

"Mr. Schwechter also explicitly acknowledged that the agreement barred any and all future recovery of benefits or compensation pursuant to the claim," The panel said, "The agreement thus unambiguously precluded modification of the lump-sum amount. Schwechter cannot amend his settlement, the panel found.

Schwechter is represented by Adrian Gucovschi of Gucovschi Law PLLC and Dirk McClanahan of McClanahan Powers PLLC.

The Department of Employment Services is represented by Karl A. Racine, Caroline S. Van Zile, Ashwin P. Phatak and Richard S. Love of the Office of the Attorney General for the District of Columbia.

The case is Melvin Schwechter v. District of Columbia Department of Employment Services, case number 22-AA-7, in the District of Columbia Court of Appeals.