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

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. ADJ6780734
Regular
Sep 08, 2011

Venessa Vielma vs. The Pape Group, Hartford Insurance Company of the Midwest

The Appeals Board granted reconsideration because the WCJ issued an Order Approving Compromise and Release one day after the jurisdictional 15-day period to act on the applicant's petition for reconsideration had expired. This untimely action rendered the WCJ's Order and the prior Findings, Award and Order without jurisdiction. Therefore, the Board rescinded both the Order Approving Compromise and Release and the Findings Award and Order. The matter is returned to the trial level for further review of the settlement by the WCJ.

Writ of MandatePetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseFindings Award and OrderAdministrative Law JudgeAppeals BoardIndustrial InjuryPermanent DisabilityApportionment
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. ADJ8500075
Regular
Oct 27, 2015

RUDI QUINTEROS vs. STAMOULES PRODUCE, ZENITH INSURANCE COMPANY

In this workers' compensation case, the defendant sought removal after the WCJ rescinded an order approving a compromise and release (C&R). The applicant claimed a "change of heart" as the basis for setting aside the C&R, which the defendant argued was insufficient grounds. The Appeals Board granted removal, rescinding the WCJ's order and substituting an order suspending the C&R approval. The case was returned to the WCJ to hold a status conference to allow the applicant to present arguments for setting aside the C&R.

Workers' Compensation Appeals BoardPetition for RemovalCompromise and ReleasePetition to Set AsideOrder Approving Compromise and ReleaseOrder Rescinding OrderGood CauseFraudMistakeUndue Influence
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. ADJ7044674
Regular
Apr 12, 2010

AHMAD SADIGHI vs. CITY OF DALY CITY, INNOVATIVE CLAIMS

The Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's order vacating a compromise and release was not a final order. However, the Board granted removal, rescinded the WCJ's order, and returned the case for further proceedings. This action was taken to ensure the defendant's due process rights by providing them notice and an opportunity to present evidence and arguments regarding the applicant's request to vacate the settlement. The WCJ should have scheduled a hearing or issued a notice allowing parties to address the merits of vacating the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Vacating Order Approving Compromise and ReleaseDue ProcessEvidentiary HearingFinal OrderLabor Code Section 5900Substantive Rights and LiabilitiesNotice and Opportunity to Be Heard
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. ADJ9876334
Regular
Dec 12, 2017

ERIC DOZIER vs. KAISER PERMANENTE, permissibly self-insured, administered by SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed Kaiser Permanente's petition for reconsideration because the order they sought to appeal was not a final order. They also denied the petition for removal, finding no substantial prejudice or irreparable harm. The Board further clarified that the applicant's petition for reconsideration was timely due to a defective service designation on the original Order Approving Compromise and Release. Finally, the WCJ acted within their authority to rescind the Order Approving Compromise and Release after a timely reconsideration petition was filed.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantial PrejudiceIrreparable HarmOrder Approving Compromise and ReleaseOACRDefective Service
References
Case No. ADJ9408719
Regular
Jun 21, 2017

BRIAN COLEMAN vs. DAYLIGHT FOODS, INC., HARTFORD INSURANCE COMPANY, THE COMPLETE LOGISTICS COMPANY, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the Administrative Law Judge's order rescinding the Compromise and Release Agreement was not a final order. The Board then granted the defendant's Petition for Removal, finding it an appropriate remedy to address the situation. Consequently, the Board vacated the previous rescission order and approved the Stipulation and Award entered into by the parties on June 19, 2017. This Stipulation resolved the disputed issues for a payment of $1,000.00 to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Rescinding Order Approving Compromise and ReleaseStipulation and AwardFinal OrderInterlocutory OrderSubstantive Right or LiabilityThreshold IssueExtraordinary Remedy
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
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