SONYA WHITSON vs. DEPARTMENT OF SOCIAL SERVICES - IN HOME SUPPORTIVE SERVICES, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied defendant's Petition for Reconsideration, upholding the finding that a subsequent specific injury claim was not barred by a prior Compromise and Release agreement. The Board found that the prior settlement, while containing broad language in an addendum, explicitly limited its scope to the cumulative trauma claim listed in paragraph 1 of the form, as dictated by paragraph 3. A dissenting opinion argued for dismissal, contending that a drafting error in paragraph 9 regarding the employer name should not override the applicant's stipulation of no other unfiled injuries, especially since she was aware of the specific injury claim and legally represented. The majority concluded that absent fraud or clear inclusion of the specific injury in the settlement's listed claims, the prior settlement did not resolve the new claim.