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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
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 The original order is rescinded and the matter is returned to the trial level for review of the amended agreement.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. ADJ498505 (SFO 0420916) ADJ6979901
Regular
Feb 27, 2012

DEBORAH ROLLINS vs. COUNTY OF SOLANO

This case concerns applicant Deborah Rollins' petition to reconsider the denial of her request to set aside a Compromise and Release (C&R) agreement. The WCAB denied reconsideration, upholding the original decision that the C&R, including a broad general release of claims, was valid and could not be set aside. Applicant argued the general release was boilerplate, she was unaware of its scope, and she was incompetent due to her medical condition. The Board found the general release enforceable based on the applicant's signature and her attorney's testimony that it was explained. The Board also found insufficient evidence of incompetency or grounds for unilateral mistake to invalidate the agreement.

Compromise and ReleaseGeneral ReleaseSet Aside AgreementLabor Code section 5803IncompetencyUnilateral Mistake of FactBoilerplate LanguagePetition for ReconsiderationOrder Approving Compromise and ReleaseGood Cause
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. 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. ADJ634371
Regular
Sep 25, 2017

MARIA MORALES vs. UNIVERSAL FURNITURE, AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's decision regarding a Compromise and Release (C&R) agreement. The applicant argued her claim for internal injury was not settled by the C&R, as it was not explicitly listed in the designated paragraph. The WCAB found that the C&R, when read as a whole, did not resolve the internal injury claim, despite general release language. The Board rescinded the judge's decision, ruling the internal injury claim was not settled by the June 13, 2016 C&R.

Compromise and ReleaseOrder Approving Compromise and ReleasePetition for ReconsiderationInternal InjuryCumulative TraumaSpecific InjuryBody PartsDates of InjuryGeneral ReleaseRes Judicata
References
Case No. ADJ9038965
Regular
Sep 05, 2019

CESAR BERAUN vs. VERIZON WIRELESS, NATIONAL UNION FIRE INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration after the defendant appealed a finding of a violent act and 79% permanent disability award. Subsequently, the parties entered into a Compromise and Release agreement for $195,000. The WCAB found the settlement adequate and in the applicant's best interest, approving the agreement. Therefore, the WCAB rescinded the original award and approved the Compromise and Release.

Compromise and ReleaseViolent ActLabor Code section 4660.1Psychiatric DisabilityPermanent Partial DisabilityWCJReconsiderationWorkers' Compensation Appeals BoardSettlement AgreementAttorneys' Fees
References
Case No. ADJ3889569 (RIV 0061323)
Regular
Mar 14, 2011

CHARLES JONES vs. CALIFORNIA CHARTER ACADEMY, STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration of a Compromise and Release agreement approved by a workers' compensation judge. The applicant argued the agreement was defective and sought to set it aside based on fraud and alleged amendments to the original award. However, the Appeals Board dismissed the petition as untimely, as it was filed well beyond the 25-day statutory limit from the date of the order. The Board noted that the subsequent hearing resulted in the case being taken off calendar, which is not a final order subject to reconsideration.

Compromise and ReleasePetition for ReconsiderationUntimely PetitionJurisdictional Time LimitAppeals BoardWorkers' Compensation JudgeOrder Approving Compromise and ReleaseSet Aside AgreementFraud AllegationDefective Terms
References
Case No. ADJ3669487
Regular
Jul 21, 2015

JAMES WILLIAMS vs. BARKER MANAGEMENT, ARGONAUT INSURANCE COMPANY

The applicant, James Williams, sought reconsideration of an order disapproving a compromise and release agreement he unilaterally submitted for approval. The agreement, purportedly for $17,835,417.18, was only signed by the applicant and did not reflect the agreement of the defendants, including the Subsequent Injuries Benefits Trust Fund (SIBTF) who offered to settle for $6,000. The Appeals Board dismissed the petition, adopting the WCJ's report, because a valid compromise and release requires mutual assent and signatures from all parties. The Board also admonished the applicant for his misleading submission, citing potential sanctions under Labor Code Section 5813.

Order Disapproving Compromise and ReleasePetition for ReconsiderationWCJCompromise and ReleaseUncontestedSubsequent Injuries Benefits Trust FundLabor Code Section 5813(a)SanctionsBad-faith actionsFrivolous
References
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