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

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. 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 The Board rescinded the judge's decision, ruling the internal injury claim was not settled by the June 13, 2016 C&R.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. ADJ3480894 (ANA 0403951)
Regular
Jun 26, 2012

REGGIE DUPARD vs. WASHINGTON REDSKINS, THE HARTFORD INSURANCE COMPANY

Applicant Reggie DuPard sought reconsideration of a decision barring his California workers' compensation claim. The Administrative Law Judge found the claim barred by a 2004 General Release settlement agreement with the Washington Redskins and Hartford Insurance Company, which DuPard had signed in Maryland for a specific right hip injury. DuPard argued the release only covered that injury, but the Board found the language clearly encompassed all potential claims against the employer and insurer. Therefore, the Board denied reconsideration, deeming the claim barred by the comprehensive settlement.

Workers' Compensation Appeals BoardReggie DuPardWashington RedskinsThe Hartford Insurance CompanyGeneral ReleaseStatute of LimitationsLabor Code section 5405Professional AthleteSpecific InjuryCumulative Injury
References
Case No. LBO 0375915 LBO 0375916 LBO 0375917
Regular
Feb 11, 2008

MARIA C. GOMEZ vs. ANGELICA TEXTILE, ZURICH AMERICAN INSURANCE COMPANY, REPUBLIC MASTER CHEF, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order approving a \$509 compromise and release for applicant Maria C. Gomez's cumulative trauma injuries. The applicant contended the settlement was based on a civil release signed under duress and that she lacked proper service of the documents. The Board found the applicant's allegations warranted further investigation, remanding the case for proceedings at the trial level.

Propria personaJoint Order Approving Compromise and ReleaseDelegated serviceCumulative trauma injuriesGeneral releaseCivil actionDuressPetition for ReconsiderationReport and RecommendationAbsence of evidence
References
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. 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. ADJ6559962, ADJ6560200
Regular
Jan 21, 2014

ROGELIO AVALOS vs. TONY'S LANDSCAPING, STATE COMPENSATION INSURANCE FUND

The applicant's civil settlement agreement with his employer did not bar his workers' compensation claims because it was not approved by a WCJ, as required by Labor Code section 5001. The language of the civil release was insufficient to waive workers' compensation benefits without WCAB approval. Additionally, factual inaccuracies within the settlement and the applicant's testimony indicate no intent to settle workers' compensation claims. Therefore, the WCAB granted reconsideration, rescinded the prior order, and remanded the case for further proceedings.

WCABPetition for ReconsiderationFindings and OrderSettlement Agreement and Mutual ReleaseLabor Code section 5001Workers' Compensation Appeals BoardWCJSteller v. SearsRoebuck & Co.Whitford v. Workers' Comp. Appeals Bd.
References
Case No. ADJ8475333
Regular
Nov 19, 2018

JEFFREY DAVIS vs. GENERAL MOTORS, LLC

The Workers' Compensation Appeals Board (WCAB) granted General Motors' Petition for Reconsideration regarding a prior award. This action was taken because the parties subsequently entered into a Compromise and Release (C&R) agreement to fully settle the case. Consequently, the WCAB rescinded the original award and remanded the matter to the trial level for the judge to review and approve the C&R. If the C&R is not approved, General Motors may again raise issues in further trial-level proceedings.

Petition for ReconsiderationCompromise and ReleaseWithdrawal of PetitionRemandWCJ ApprovalRescinded AwardWorkers' Compensation Appeals BoardAdministrative Law JudgeFindings of FactAward and Order
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
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