Home/Case Law/GERALD HORN vs. CITY OF BERKELEY, INNOVATIVE CARE SYSTEMS
Regular DecisionReconsideration

GERALD HORN vs. CITY OF BERKELEY, INNOVATIVE CARE SYSTEMS

Filed: Sep 07, 2010
San Francisco
ADJ4203543 (OAK 0279457)

CompFox AI Summary

This case involves a workers' compensation claim where the defendant sought to dismiss the proceedings based on a Release and Settlement Agreement executed between the parties. The Board denied the defendant's petition for reconsideration, affirming the administrative law judge's finding that the agreement did not bar the applicant's claim. Crucially, California Labor Code sections 5001 et seq. mandate WCAB approval for the validity of any release of workers' compensation liability. Since the settlement agreement was never submitted for WCAB approval and did not meet statutory requirements, it was deemed invalid as a bar to the claim.

Full Decision Text1 Pages

This case involves a workers' compensation claim where the defendant sought to dismiss the proceedings based on a Release and Settlement Agreement executed between the parties. The Board denied the defendant's petition for reconsideration, affirming the administrative law judge's finding that the agreement did not bar the applicant's claim. Crucially, California Labor Code sections 5001 et seq. mandate WCAB approval for the validity of any release of workers' compensation liability. Since the settlement agreement was never submitted for WCAB approval and did not meet statutory requirements, it was deemed invalid as a bar to the claim.

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