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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ2244538 (LAO 0883304)

Regular

Jul 29, 2011

MELVIN ISAAC vs. PARAMOUNT PICTURES

This case involves the Workers' Compensation Appeals Board (WCAB) removing a matter on its own motion to review a Compromise and Release (C&R) order. The WCAB issued a Notice of Intention to approve the C&R with addenda, allowing parties 20 days to object. As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda. The cases are now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalCompromise and ReleaseAddendaWCJ OrderRescindedApprovedTrial LevelParamount PicturesMelvin Isaac

References

Case No. ADJ2831208 (GOL 0090431) ADJ894034 (GOL 0090432)

Regular

Aug 10, 2009

JOSE LOPEZ vs. QUALITY PLASTERING, GOLDEN EAGLE INSURANCE COMPANY

The applicant, Jose Lopez, was awarded a 25% penalty for the defendant's failure to pay the full settlement amount. The defendant sought reconsideration, arguing they paid the amount agreed upon in the addenda to the Compromise and Release Agreement. However, the Board found the Orders Approving Compromise and Release, which specified a higher payment to the applicant, became final when the defendant failed to seek timely reconsideration. Therefore, the defendant's petition for reconsideration was denied, affirming the penalty.

Workers' Compensation Appeals BoardQuality PlasteringGolden Eagle Insurance CompanyJose LopezReconsiderationFindings and AwardLabor Code section 5814PenaltyAttorney's FeeLabor Code section 5814.5

References

Case No. ADJ12518707; ADJ12518708; ADJ12518731

Regular

Feb 13, 2023

BESSIE TRIPLETT vs. PACIFIC BELL TELEPHONE COMPANY, OLD REPUBLIC INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) rescinded three Orders Approving Compromise and Release (OACRs) issued by a WCJ, finding them inadequate due to a lack of evidence, unclear terms regarding indemnity, illegible provisions, and conflicting language within addenda and the main body of the agreements. The Board noted the parties failed to provide medical reports or explain the basis for indemnity "according to proof" and highlighted inconsistencies in the settlement's scope and the improper settlement of supplemental job displacement benefits. Consequently, the matters were returned to the trial level for further proceedings to determine the adequacy of the proposed settlements.

Compromise and ReleaseOrder Approving Compromise and ReleasePetition for ReconsiderationWCJ ReportMedical RecordsDue ProcessQualified Medical-Legal ExaminationDeclaration of Readiness to ProceedMotion to CompelMandatory Settlement Conference

References

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MELVIN ISAAC vs. PARAMOUNT PICTURES

Workers' Compensation Appeals BoardRemovalCompromise and ReleaseAddendaWCJ OrderRescindedApprovedTrial LevelParamount PicturesMelvin Isaac

JOSE LOPEZ vs. QUALITY PLASTERING, GOLDEN EAGLE INSURANCE COMPANY

Workers' Compensation Appeals BoardQuality PlasteringGolden Eagle Insurance CompanyJose LopezReconsiderationFindings and AwardLabor Code section 5814PenaltyAttorney's FeeLabor Code section 5814.5

BESSIE TRIPLETT vs. PACIFIC BELL TELEPHONE COMPANY, OLD REPUBLIC INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES