Home/Case Law/JIA YING LI vs. WOK EXPERIENCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for AMERICAN MANUFACTURERS INSURANCE COMPANY
Regular DecisionReconsideration

JIA YING LI vs. WOK EXPERIENCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for AMERICAN MANUFACTURERS INSURANCE COMPANY

Filed: Nov 21, 2018
ADJ4467783 (LAO 0787394)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address unresolved issues regarding the applicant's Compromise and Release (C&R) agreement. The WCAB rescinded the trial judge's decision, which had found no jurisdiction to alter the C&R, and remanded the case for further proceedings. The Board noted confusion surrounding the C&R's terms, particularly concerning a Medicare Set-Aside (MSA) addendum, and determined that the trial judge must review all relevant documents, including a previously unconsidered handwritten attachment. Ultimately, the WCAB found further evidence development necessary to clarify the C&R's terms and potential enforcement issues.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address unresolved issues regarding the applicant's Compromise and Release (C&R) agreement. The WCAB rescinded the trial judge's decision, which had found no jurisdiction to alter the C&R, and remanded the case for further proceedings. The Board noted confusion surrounding the C&R's terms, particularly concerning a Medicare Set-Aside (MSA) addendum, and determined that the trial judge must review all relevant documents, including a previously unconsidered handwritten attachment. Ultimately, the WCAB found further evidence development necessary to clarify the C&R's terms and potential enforcement issues.

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