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Applicant sought reconsideration of a finding that her penalty petition was settled by a Compromise and Release (C&R) agreement. She argued the C&R only addressed specific penalties, excluding her claim for failure to advance permanent disability. The majority ruled that Labor Code section 5814(c) presumes all accrued penalty claims are resolved by a C&R unless expressly excluded, and the language here did not meet that standard. Consequently, the applicant's petition for reconsideration was denied.
JEANNE HENDERSON vs. STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
Applicant sought reconsideration of a finding that her penalty petition was settled by a Compromise and Release (C&R) agreement. She argued the C&R only addressed specific penalties, excluding her claim for failure to advance permanent disability. The majority ruled that Labor Code section 5814(c) presumes all accrued penalty claims are resolved by a C&R unless expressly excluded, and the language here did not meet that standard. Consequently, the applicant's petition for reconsideration was denied.
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