CompFox AI Summary
This case concerns the interpretation of a Compromise and Release (C&R) agreement in a cumulative trauma workers' compensation claim. The Appeals Board granted reconsideration for Zenith Insurance Company and State Compensation Insurance Fund (SCIF) to clarify whether the C&R with Insurance Company of the West (ICW) settled only ICW's liability or the entire claim against all defendants. The Board is returning the matter to the trial level for further proceedings to determine the C&R's intent, considering the language, adequacy of settlement, and potentially extrinsic evidence. The WCJ will conduct a Mandatory Settlement Conference and, if no resolution is reached, set the matter for trial on the interpretation of the C&R.
Full Decision Text1 Pages
This case concerns the interpretation of a Compromise and Release (C&R) agreement in a cumulative trauma workers' compensation claim. The Appeals Board granted reconsideration for Zenith Insurance Company and State Compensation Insurance Fund (SCIF) to clarify whether the C&R with Insurance Company of the West (ICW) settled only ICW's liability or the entire claim against all defendants. The Board is returning the matter to the trial level for further proceedings to determine the C&R's intent, considering the language, adequacy of settlement, and potentially extrinsic evidence. The WCJ will conduct a Mandatory Settlement Conference and, if no resolution is reached, set the matter for trial on the interpretation of the C&R.
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