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

Case No. ADJ6886930
Regular
Oct 11, 2010

MARIA TERESA RODRIGUEZ vs. MOUNTAIN F ENTERPRISES INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of an order that reduced the agreed-upon attorney's fee in a death benefit and serious and willful misconduct compromise and release. The Board found the WCJ's reasons for the reduction inadequate and intended to amend the order to approve the original $38,500 attorney's fee. This is being done after providing applicant's counsel an opportunity to comply with procedural requirements regarding fee increases, and applicant notice of her right to seek independent counsel.

AMENDED COMPROMISE AND RELEASESERIOUS AND WILLFUL MISCONDUCTPETITION FOR RECONSIDERATIONGUARDIAN AD LITEMATTORNEY'S FEE REDUCTIONINDUSTRIAL INJURYDEATH CLAIMDEPENDENTSWAGESLABOR CODE
References
6
Case No. ADJ8350670
Regular
Jun 24, 2014

SALOMON LOPEZ vs. D & T FOODS, ILLINOIS MIDWEST INSURANCE CO.

This case involves a dispute over the approval of a Compromise and Release (C&R) in a workers' compensation claim. The applicant sustained injuries to his back, legs, and abdomen. The WCJ issued an order requiring further medical evaluation despite the parties filing an amended C&R. The defendant petitioned for removal, arguing the WCJ's order was inappropriate. The Appeals Board granted the petition, rescinded the WCJ's order, and approved the amended C&R, awarding the applicant a net recovery of $15,335.71.

Petition for RemovalCompromise and ReleaseWCJ OrderQME evaluationAME evaluationabdominal aspectsdriver unloaderindustrial injurypermanent disability advancesattorney's fee
References
0
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 As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda.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
0
Case No. ADJ3005615 (PAS 0035964) ADJ685961 (VEN 0120428)
Regular
Sep 12, 2018

Stephanie Curry vs. Pacific Care Behavioral Health Care, Inc., The Travelers Insurance Company, Rosemary Cottage, California Insurance Guarantee Association, Fremont Indemnity Company, Sedgwick Claims Management Services

This case concerns a petition for reconsideration regarding a compromise and release settlement in a workers' compensation matter. The applicant, Stephanie Curry, argued that the initial settlement approved by the Board did not accurately reflect the parties' intent, specifically omitting a provision for $7,300 to be paid to her attorney for a loan. The Board granted reconsideration, rescinded its prior approval of the first compromise and release, and approved a second, amended compromise and release that correctly included the attorney's lien provision. The Board found the amended settlement adequate and in the applicant's best interest, noting the prior overpayment by Travelers due to the omission.

Workers' Compensation Appeals BoardCompromise and ReleaseReconsiderationAttorney's LienLiving Expenses LoanIndustrial InjuryConsequential InjuryNew and Further DisabilityTemporary DisabilityPermanent Disability
References
0
Case No. ADJ2524386 (LAO 0803654) ADJ2571077 (LAO 0803655)
Regular
Oct 02, 2020

RAUL MARINO vs. COCA-COLA ENTERPRISES, BROADSPIRE

This case concerns a minor amendment to an already approved Compromise and Release agreement between Raul Marino and Coca-Cola Enterprises. The defendant sought to increase the net payment to the applicant by $47.14 and correct the date of injury for one of the cases. The applicant agreed to these changes, and the Board found them to be in the applicant's best interest. Consequently, the Board amended its previous decision to incorporate these agreed-upon modifications.

Compromise and ReleaseAmendmentNet Amount PayableDate of InjuryReconsiderationWorkers' Compensation Appeals BoardSelf-InsuredApplicantDefendantOpinion and Order
References
0
Case No. WCK0071378
Regular
Aug 07, 2008

KEN RYERSON vs. NESTLE COMPANY, Permissibly Self-Insured, adjusted by SEDGWICK

This case involves a worker's compensation appeal concerning temporary disability and vocational rehabilitation rates. However, the parties submitted a compromise and release agreement for $140,000.00 to settle all claims, including potential death benefits for dependents. The Board granted reconsideration, rescinded its prior decision, and approved the settlement as fair, reasonable, and in the applicant's best interest, considering the release of death benefits and the absence of specific vocational rehabilitation protections.

Compromise and ReleaseVocational Rehabilitation Delay RateThomas FindingRogers ReleaseDeath BenefitsCumulative Industrial InjuryBilateral Upper ExtremitiesNeckSpineBack
References
2
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
0
Case No. ADJ9474597
Regular
Jun 17, 2018

SERGIO TERRAZAS vs. SEAL SCIENCE, INC., THE HARTFORD, ADMINISTERED BY ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) granted The Hartford's Petition for Reconsideration concerning an Order Approving Compromise and Release (OACR). Hartford argued the original OACR incorrectly failed to deduct \$4,140.00 in permanent disability advances from the \$20,000 settlement. The WCAB rescinded the OACR, returning the matter to the trial level to determine if the Compromise and Release should be amended to reflect the advances. The WCJ will then decide whether to reinstate the original OACR or approve an amended one after further proceedings.

Petition for ReconsiderationOrder Approving Compromise and ReleaseSet Aside OrderCompromise and ReleasePermanent Disability AdvancesOffsetRescindAlterAmendContinuing Jurisdiction
References
1
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
0
Case No. ADJ9366379
Regular
Mar 14, 2016

NOEMI PADILLA vs. MALARKEY ROOFING, LIBERTY MUTUAL INSURANC COMPANY

The applicant sought reconsideration of an Order Approving Compromise and Release due to a mathematical error in calculating the attorney's fee. The Appeals Board granted reconsideration, rescinded the original order, and returned the matter to the trial level. The purpose is to allow the parties to amend the Compromise and Release to correct the attorney's fee error, with the judge to determine if the original order should be reinstated or an amended one approved. Chairwoman Caplane noted the applicant's attorney must ensure compliance with WCAB Rule 10778 regarding notice of adverse interest and the right to independent counsel.

Petition for ReconsiderationOrder Approving Compromise and ReleaseAttorney's FeeMutual MistakeRescindTrial LevelWCAB Rule 10778Adverse InterestIndependent CounselCompromise and Release Amendment
References
1
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