This is the exact thing I just went threw a few months ago.

A worker claimed they got hurt, yet on the day of the injury....never worked. Long story short. 1 1/2 years later. We went to mitigation.

Very simular to what you are saying. I am in Ontario so different laws I guess.

Had to hire a lawyer. First thing the lawyer said was. " you will loose"

I said what? maybe I got the wrong law firm.

The lawyer went on to say, we are not here to win but to minimize your losses.

Which they did. The worker was sueing for a little over 100,000.

We did settle, only for a fraction. Done in mitigation.....bullying tackic.

If the settlement was not reached during that time....then it would have went to court....then the legal fees would have been in the tens of thousands. furthermore....we were told both parties have to pay 5 grand each just to walk into court.

Know all about this nightmare....glad its over, dont wanna do it again. Nor will I put that kinda of trust in a employee.

I guess it depends on how stuborn Henderson is I guess and how far she wants to take this