Home/Case Law/AMY ELDER SOUZA vs. MOTHERLODE HOLDING COMPANY, EVEREST NATIONAL INSURANCE
Regular DecisionReconsideration

AMY ELDER SOUZA vs. MOTHERLODE HOLDING COMPANY, EVEREST NATIONAL INSURANCE

Filed: May 29, 2012
San Francisco
ADJ3293125 (SAC 0368540)

CompFox AI Summary

This case involves a Compromise and Release (C&R) agreement that the Administrative Law Judge (ALJ) initially disapproved because it provided no benefit to the applicant while attorney fees were paid. Both parties petitioned for reconsideration, but the Appeals Board dismissed these as the disapproval order was not a final order. Treating the petitions as requests for removal, the Board rescinded both the disapproval and subsequent approval orders. The matter is returned to the trial level for the ALJ to determine the C&R's adequacy, specifically addressing the alleged overpayment of temporary disability.

Full Decision Text1 Pages

This case involves a Compromise and Release (C&R) agreement that the Administrative Law Judge (ALJ) initially disapproved because it provided no benefit to the applicant while attorney fees were paid. Both parties petitioned for reconsideration, but the Appeals Board dismissed these as the disapproval order was not a final order. Treating the petitions as requests for removal, the Board rescinded both the disapproval and subsequent approval orders. The matter is returned to the trial level for the ALJ to determine the C&R's adequacy, specifically addressing the alleged overpayment of temporary disability.

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