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

Case No. ADJ8882780
Regular
Jan 30, 2017

LOURDES LOPEZ vs. SODEXO as administered by GALLAGHER BASSETT SERVICES

The defendant sought reconsideration of an Order Approving Compromise and Release, alleging a mutual mistake in settlement documents regarding a temporary disability overpayment deduction. The original judge recommended denial, arguing any error was unilateral as the defendant drafted the document. However, the Appeals Board found the petition timely filed and discovered the parties executed an amended Compromise and Release to correct the drafting error. The Board granted reconsideration, rescinded the original order, and returned the matter to the trial level for the judge to consider the amended settlement.

Compromise and ReleasePetition for ReconsiderationMutual Mistake of FactOverpaymentTemporary Disability IndemnityDrafting ErrorAmended Compromise and ReleaseRescindTrial LevelOrder Approving Compromise and Release
References
Case No. ADJ9120917, ADJ6899995
Regular
Sep 16, 2016

RICK STEIN vs. CITY OF HUNTINGTON BEACH

The WCAB dismissed the defendant's petition for reconsideration because the WCJ's order vacating a prior order approving a compromise and release was not a final order. The Board granted the defendant's petition for removal to amend the vacating order, specifying the matter should be set for a status conference. This action was taken under WCAB Rule 10859, allowing the WCJ to rescind an order and conduct further proceedings within 30 days. The case is returned to the WCJ to determine if good cause exists to set aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseOrder Approving Compromise and ReleaseOrder Vacating Order Approving Compromise and ReleaseWCJLabor Code Section 132(a)Cumulative Trauma InjuryLeft Knee Injury
References
Case No. ADJ6800117
Regular
Oct 30, 2013

JUANITA LUCAS vs. WALGREENS DISTRIBUTION CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a petition for reconsideration of an order vacating a Compromise and Release. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was not taken from a "final" order that determined substantive rights. The WCAB also denied removal, finding no showing of substantial prejudice or irreparable harm. However, the WCAB noted that the administrative law judge should have set the matter for a conference to determine good cause to set aside the order rather than vacating it directly.

Petition for ReconsiderationRemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityOrder Approving Compromise and ReleasePetition to Set Aside Compromise and ReleaseVacating OrderLabor Code §5900
References
Case No. ADJ4689210 (VNO 0544832) ADJ6906409 ADJ7469887
Regular
Sep 20, 2019

Donald Yeager vs. CALPORTLAND COMPANY, MITSUI SUMITOMO INSURANCE USA, INC., administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Applicant sought removal and disqualification of the Workers' Compensation Judge after the judge ordered trial and denied reassignment. However, the parties had already entered into and received approval for three Compromise and Release agreements settling all claimed injuries. The Appeals Board found these settlement agreements rendered the Applicant's petitions moot. Therefore, the Board dismissed both the Petition for Disqualification and the Petitions for Removal.

Petitions for RemovalPetition for DisqualificationCompromise and ReleaseOrders Approving Compromise and ReleaseOrder Rescinding Orders Approving Compromise and ReleaseReconsideration UnitJurisdictionMoot IssuesWCJ GlassWCJ Morgan
References
Case No. ADJ4517414 (EUR 0036075)
Regular
Sep 13, 2010

, C. AND J. RANDY LINGARD vs. EUREKA CITY SCHOOL DISTRICT, PACIFIC EMPLOYERS INSURANCE, by ESIS CHATSWORTH

The defendant, Pacific Employers Insurance, sought reconsideration of a compromise and release order, arguing the payment was erroneously ordered against ACE USA instead of "Pacific Employers Insurance Group." The Appeals Board granted reconsideration because a fully executed amended compromise and release agreement was subsequently submitted. The original order is rescinded and the matter is returned to the trial level for review of the amended agreement.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseWCJPacific Employers Insurance GroupACE USAESISAmended Compromise and Release AgreementRescinded OrderTrial Level
References
Case No. ADJ665982
Regular
Jun 16, 2011

NELIDA SANCHEZ, NELIDA SANCHEZ DEL SOCORRO vs. KAISER FOUNDATION HEALTH PLAN

The WCAB granted the defendant's Petition for Removal and Reconsideration, rescinding a prior order that had overturned a ruling finding a lack of jurisdiction. The applicant's original Compromise and Release was deemed a final order, and her subsequent petition to reopen was untimely as it was filed after the five-year statutory limit from the date of injury. The WCAB affirmed the Order Approving Compromise and Release, reinstating the earlier ruling of no jurisdiction.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationOrder of RescissionDue ProcessPetition to ReopenCompromise and ReleaseOrder Approving Compromise and Releaseuntimelygood cause
References
Case No. ADJ 7815992
Regular
Apr 26, 2013

TINA TINDALL vs. EMPRESS HEALTHCARE, INC.; ACE AMERICAN INSURANCE, administered by ESIS

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and found no good cause to reopen a settlement. The Board determined that the applicant's attorney's error in settling a discrimination claim within a Compromise and Release did not constitute "good cause" to amend the agreement. The applicant's recourse for this error lies with her attorney, not the defendant. Therefore, the Board affirmed the original approved Compromise and Release.

Workers' Compensation Appeals BoardRemovalReconsiderationCompromise and ReleaseLabor Code section 132aFindings and AwardAdministrative Law JudgeContinuing JurisdictionGood CauseMutual Mistake
References
Case No. ADJ391840 (VNO 0500805)
Regular
May 21, 2009

LEONEL COTA vs. MCKENNA BMW, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing the applicant's case for lack of prosecution. The applicant's case was previously settled by an approved compromise and release agreement on November 15, 2007. The Board found dismissal inappropriate as the case was resolved, and the Appeals Board retains jurisdiction to enforce the settlement. The matter was returned to the WCJ for further proceedings to enforce the compromise and release.

Compromise and ReleaseLack of ProsecutionContinuing JurisdictionLabor Code Section 5803California Code of Regulations Title 8 Section 10582Petition for ReconsiderationOrder Approving Compromise and ReleaseIndustrial InjuryAbdominal HerniaEnforcement of Award
References
Case No. SDO 0322754
Regular
Jan 03, 2008

SALVADOR RODRIGUEZ vs. WE'RE INNOVATIVE; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of an approved Compromise and Release agreement. While the petition had procedural defects like lack of verification and proof of service, the Board did not dismiss it on these grounds, finding them non-jurisdictional or waived. Ultimately, the reconsideration was denied on the merits because the Compromise and Release was deemed adequate, reflecting a reasonable resolution of conflicting medical opinions regarding the applicant's permanent disability rating.

Workers' Compensation Appeals BoardReconsiderationLabor Code Section 5902VerificationJurisdictional DefectTimelinessOrder Approving Compromise and ReleasePersonal ServiceProof of ServiceCompromise and Release
References
Case No. ADJ1539589 (STK 0127013) ADJ3114209 (STK 0127015)
Regular
Feb 05, 2013

JOSE LUIS VALENCIA vs. CAGWIN & DORWARD, ULICO CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's approval of a $125,000 compromise and release for applicant Jose Luis Valencia's industrial injuries. Applicant alleged inadequate settlement and disputed the denial of future medical treatment. The WCAB, adopting the judge's reasoning, affirmed the original order approving the compromise and release. Applicant's further communications were directed to be filed with the WCAB Commissioners, not local offices or e-filed.

Workers' Compensation Appeals BoardCompromise and ReleaseIndustrial InjuryLow Back InjuryRib InjuryLaborerLump Sum SettlementMedical Treatment CoverageInadequate SettlementPetition for Reconsideration
References
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