CompFox AI Summary
The Workers' Compensation Appeals Board rescinded an order approving a compromise and release because the judge improperly added a handwritten provision withholding settlement proceeds pending determination of non-MPN lien claimants' liability. The Board clarified that while it has jurisdiction over liens for treatment provided under Labor Code section 4600, treatment procured at the employee's own expense under section 4605 falls outside its jurisdiction and is the employee's personal liability. The case was remanded for further proceedings to determine the adequacy of the settlement and the parties' rights, particularly concerning the applicant's potential personal liability for self-procured medical treatment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded an order approving a compromise and release because the judge improperly added a handwritten provision withholding settlement proceeds pending determination of non-MPN lien claimants' liability. The Board clarified that while it has jurisdiction over liens for treatment provided under Labor Code section 4600, treatment procured at the employee's own expense under section 4605 falls outside its jurisdiction and is the employee's personal liability. The case was remanded for further proceedings to determine the adequacy of the settlement and the parties' rights, particularly concerning the applicant's potential personal liability for self-procured medical treatment.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.