Home/Case Law/MARIA ANDRADE (Deceased) vs. DELTA AIRLINES, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CMS
Regular DecisionOpinion and Order Denying Petition for Reconsideration

MARIA ANDRADE (Deceased) vs. DELTA AIRLINES, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CMS

Filed: Feb 10, 2023
Oakland
ADJ11377591

CompFox AI Summary

This case involved a worker's compensation settlement for Maria Andrade against Delta Airlines, which was submitted for approval shortly before Ms. Andrade's death. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the administrative law judge's (WCJ) order finding the Compromise and Release (C&R) agreement unenforceable. The WCAB adopted the WCJ's reasoning, which concluded that the applicant's death before the C&R was approved constituted a material change in circumstances, rendering the agreement invalid as liability for future medical care ceased. The Board cited precedent emphasizing their discretion in approving C&Rs and highlighted that the settlement primarily addressed future medical care that would no longer be needed.

Full Decision Text1 Pages

This case involved a worker's compensation settlement for Maria Andrade against Delta Airlines, which was submitted for approval shortly before Ms. Andrade's death. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the administrative law judge's (WCJ) order finding the Compromise and Release (C&R) agreement unenforceable. The WCAB adopted the WCJ's reasoning, which concluded that the applicant's death before the C&R was approved constituted a material change in circumstances, rendering the agreement invalid as liability for future medical care ceased. The Board cited precedent emphasizing their discretion in approving C&Rs and highlighted that the settlement primarily addressed future medical care that would no longer be needed.

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