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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 As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda.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
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 The Board granted reconsideration, rescinded its prior decision, and approved the settlement as fair, reasonable, and in the applicant's best interest, considering the release of death benefits and the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. 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 The Appeals Board granted the petition, rescinded the WCJ's order, and approved the amended C&R, awarding the applicant a net recovery of $15,335.71.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. ADJ10765191
Regular
May 18, 2018

LARHONISH CAREY vs. MOLINA HEALTHCARE, TRAVELERS PROPERTY CASUALTY COMPANY

Applicant's attorneys seek reconsideration of a $0.00 attorney's fee award where their Compromise and Release contemplated a $1,350.00 fee. The Board granted reconsideration, finding procedural errors in the attorney's fee disclosure forms and the signing of the C&R by a non-attorney representative. The Board will affirm the $0.00 fee award unless the attorneys correct these deficiencies within 15 days.

WCABPetition for ReconsiderationCompromise and ReleaseAttorney FeesLabor Code section 4906WCAB Rule 10773Non-attorney Hearing RepresentativeFee Disclosure StatementAttorney DisclosureExpedited Trial Hearing
References
2
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. MISSING
Regular Panel Decision
Nov 29, 2004

Velella v. New York Local Condotional Release Commission

The petitioners, including Gonzalez, Caba, Stephens, Velella, and DelToro, challenged determinations by the Conditional Release Commission and the Department of Correction. These determinations advised petitioners that their conditional releases were invalid and directed them to surrender. The Supreme Court, New York County, denied their five CPLR article 78 petitions. This appellate court unanimously affirmed the Supreme Court's decision, finding the petitioners' conditional releases illegal due to non-compliance with Correction Law § 273 (1) and (6). The court also ruled that the agencies had the power to set aside determinations based on significant irregularities and that the petitioners had no substantive due process right to illegal orders, having been afforded adequate procedural due process through the CPLR article 78 proceedings.

Conditional ReleaseCorrection Law ViolationsDue ProcessArticle 78 PetitionAgency AuthorityIllegal ReleaseStatutory InterpretationAppellate ReviewGovernment EstoppelNew York Law
References
14
Case No. ADJ4139709
Regular
Jan 14, 2010

JORGE HERRERA vs. ROMANO'S MACARONI GRILL, LIBERTY MUTUAL INSURANCE COMPANY

The Applicant filed a petition for reconsideration from a non-final Notice of Intention to Dismiss, which is procedurally improper. Simultaneously, a different judge approved a Compromise and Release Agreement on the same day the petition was filed, an action beyond the judge's authority once the petition was pending. The Board dismissed the Applicant's petition for reconsideration and, on its own motion, granted reconsideration of the approved Compromise and Release. Consequently, the Order Approving Compromise and Release was vacated and the matter remanded for further consideration of the agreement.

Petition for ReconsiderationOrder of DismissalMandatory Settlement ConferenceCompromise and Release AgreementNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJEAMSLabor CodeFinal Order
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. ADJ3817494 (LAO 0863722)
Regular
Jun 21, 2017

CHRISTINE RANGEL vs. HONEYWELL INTERNATIONAL, INC, ZURICH NORTH AMERICA, MATRIX ABSENCE MANAGEMENT, INC

Applicant Rangel petitioned for reconsideration of a WCJ's award finding industrial injury and $63\%$ permanent disability, arguing she was permanently and totally disabled. Following a Commissioners' Settlement Conference, the parties executed a Compromise and Release agreement. The Board, after reviewing the agreement and the record, found it adequate and in the applicant's best interest, rescinded the prior award, and approved the Compromise and Release. This action included releasing any potential death benefit claims and approving the agreed-upon attorney's fees.

Workers' Compensation Appeals BoardChristine RangelHoneywell International IncZurich North AmericaMatrix Absence Management IncReconsiderationFindings and AwardCardiovascular system injuryPsyche injurySleep disorder
References
0
Case No. MISSING
Regular Panel Decision

Liberty Insurance Company of Texas v. Land

Plaintiff Mrs. Golda Gladys Land sued Liberty Insurance Company to set aside a compromise settlement after her husband, Mr. Land, died from an injury sustained at work. The jury found that Mr. Land's injury was accidental, job-related, and caused his death, and that the insurance adjuster, Hogan, falsely represented to Mrs. Land that there was no evidence of injury, inducing her to settle for $2,500. Hogan was also found to have concealed material information from Mrs. Land, who, despite having less information than Hogan, relied on his representations due to her lack of business experience. The court addressed whether the trial court erred in disregarding the jury's finding that Hogan's representation was an honest opinion. Ultimately, the appellate court affirmed the judgment, holding that Hogan's statement, given his expertise and Mrs. Land's reliance, legally amounted to a statement of fact, and its falsity rendered the settlement release non-binding, regardless of whether the misrepresentation was intentional.

Compromise SettlementFraudMisrepresentationRelianceInsurance AdjusterJury FindingsAppellate ReviewMedical Opinion AdmissibilityRelease AvoidanceDeath Benefits
References
14
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