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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 As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda.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. ADJ1186781 (VNO 0516635) ADJ1590743 (VNO 0552326)
Regular
Jun 10, 2013

DANA BONSALL vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Defendant County of Los Angeles petitioned to set aside an order compelling payment of $14,500 to lien claimant, The 4600 Group. The defendant argued the order was based on mistake, as they were unaware of prior payments made to Burbank Podiatry, which was part of the lien claim. Crucially, the assigned judge realized she was disqualified due to previously serving as defense counsel in this matter. The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.

WCABPetition to Set AsideStipulation and OrderLien ClaimantWCJ DisqualificationRule 9721.12(c)(2)Good CauseRescinded OrderRemandBurbank Podiatry
References
0
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 The Appeals Board granted the petition, rescinded the WCJ's order, and approved the amended C&R, awarding the applicant a net recovery of $15,335.71.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. ADJ7793819 ADJ8527743 ADJ7742174
Regular
Jun 06, 2013

EVERETT JOHNSON vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, CORVEL

The Board dismissed the defendant's Petition for Reconsideration as moot because the order sought to be reconsidered was rescinded pending a decision on the applicant's petition to set aside the Compromise and Release. The defendant's Petition for Removal was also denied as they were not currently aggrieved. The matter is returned to the WCJ to hear and rule on the applicant's Petition to Set Aside Order Approving Compromise and Release. The defendant may seek reconsideration after a final order on the settlement is issued.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and Releaseattorney feesWCJset aside ordermisrepresentationfraudcumulative trauma
References
0
Case No. ADJ339464 (LBO 0318588)
Regular
Apr 22, 2019

MELVIN DEAN vs. M. B. HERZOG CORP., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) dismissed a former attorney's petition for reconsideration because it was untimely filed. The attorney sought to overturn an order approving a compromise and release, alleging her lien for attorney fees was improperly handled by current counsel and the WCJ. Although the petition was dismissed for jurisdictional reasons, the WCAB recommended the trial judge treat it as a petition to set aside the order due to allegations of extrinsic fraud or mutual mistake regarding the attorney's lien. A hearing will be necessary to present evidence and allow the WCJ to issue a decision on setting aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseLien ClaimantAttorney FeesTimelinessJurisdictional GroundsPetition to Set AsideExtrinsic FraudMutual Mistake
References
7
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
6
Case No. ADJ9797482
Regular
Nov 13, 2015

LATICIA PERKINS vs. MACY'S WEST STORES, INC.

This case involves an untimely Petition for Reconsideration challenging a $10,000.00 Compromise and Release settlement approved for an unrepresented applicant. The Appeals Board dismissed the reconsideration petition due to untimeliness but granted removal on its own motion to address the applicant's allegations of duress, coercion, and lack of understanding regarding her injury's permanent impairment rating. The Board rescinded the order denying the applicant's petition to set aside the settlement and suspended the original settlement approval. The matter is remanded for the WCJ to conduct further proceedings to determine if "good cause" exists to set aside the Compromise and Release.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationPetition to Set AsideRemovalDuressCoercionUndue InfluencePrimary Treating PhysicianPermanent and Stationary Report
References
5
Case No. ADJ11705115; ADJ11986950
Regular
Nov 24, 2020

ANDREW ATKINS vs. SANTA BARBARA METROPOLITAN TRANSIT DISTRICT, WORKERS COMPENSATION ADMINISTRATORS, LLC

The Workers' Compensation Appeals Board granted reconsideration and set aside a prior order approving a compromise and release agreement. The Board found that the initial approval was based on an inadequate record, as crucial medical reports were not provided. Applicant's counsel later presented evidence showing potential for surgery and permanent disability to the shoulders, which was not adequately addressed in the original settlement. Consequently, the Board determined there was good cause to set aside the prior order approving the settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings of Fact and OrderCompromise & Releasegood causesubstantial evidencesettlement adequacyQualified Medical Evaluator (QME)permanent disabilityfuture medical treatment
References
0
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
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
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