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

Case No. ADJ19408921, ADJ19408487, ADJ19408920
Regular
Jun 16, 2025

Maria Vazquez vs. Holiday Inn Los Angeles Gateway, Indemnity Insurance Company of North America

Defendant filed a petition to set aside and reconsider an Order Approving Compromise & Release (OACR), claiming applicant's age and Medicare beneficiary status were overlooked in the settlement. The Appeals Board noted procedural irregularities regarding notice of case transmission and the absence of a hearing to establish a complete record concerning the Compromise and Release agreement's adequacy and Medicare interests. As a result, the Board dismissed the petition as premature and returned the matter to the trial level for a hearing to gather necessary evidence.

Order Approving Compromise & ReleaseMedicare Set AsidePetition for ReconsiderationMotion to Set AsideLabor Code Section 590960-Day RuleNotice of TransmissionWorkers' Compensation Medicare Set-Aside Arrangement (WCMSA)Good CauseMutual Mistake of Fact
References
Case No. ADJ7940946 ADJ7941927
Regular
Apr 02, 2019

FAYE JENNINGS vs. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed the Defendant's Petition for Reconsideration because it was untimely filed, as proof of mailing is insufficient and the petition must be received within the statutory 25-day limit. The WCAB noted that the Defendant's request to set aside the Compromise and Release was premature because it had not been decided at the trial level. Therefore, the matter was returned to the trial level for further proceedings on the Petition to Set Aside.

Petition for ReconsiderationWCABworkers' compensation administrative law judgeWCJjurisdictionaluntimely petitionJoint Order Approving Compromise and ReleaseOACRdefective servicegood cause to set aside
References
Case No. ADJ2214463 (VNO 0522433)
Regular
Feb 19, 2009

RICARDO DUARTE PONCE vs. ROSS STORES, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board granted reconsideration to set aside the Order Approving Compromise and Release (OACR). The defendant sought to vacate the OACR because the parties' settlement agreement, which included a Medicare Set Aside (MSA) allocation, was contingent on approval by the Centers for Medicare Services (CMS) that was never obtained. Since the applicant was a Medicare beneficiary and the settlement exceeded $25,000, federal regulations require CMS approval of the MSA. The Board rescinded the OACR and returned the matter for further proceedings.

Medicare Set AsideMSA allocationCenters for Medicare ServicesCMS approvalCompromise and ReleaseOACRPetition for ReconsiderationRescind OrderGood CauseEquitable Grounds
References
Case No. ADJ20307046
Regular
Apr 01, 2025

FRANK UWAKWE vs. AMAZON COM INC; LIBERTY MUTUAL INSURANCE CORPORATION

Applicant Frank Uwakwe sought reconsideration of an Order Approving Compromise and Release (OACR), arguing he did not understand the settlement terms and that the OACR failed to consider all claimed injuries. The Workers' Compensation Appeals Board (WCAB) received a Report and Recommendation from the WCJ suggesting the Petition be treated as one to set aside the OACR and returned to the trial level. Citing its continuing jurisdiction and contract principles, the WCAB dismissed the Petition for Reconsideration as premature. The matter is returned to the trial level for the WCJ to consider the petition as one to set aside the OACR, conduct further proceedings, and potentially order medical-legal reporting.

Petition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseSet Aside OACRMeeting of the MindsMutual ConsentContract PrinciplesGood CauseDue ProcessFair Hearing
References
Case No. MON 0254439
Regular
Aug 12, 2008

LEON ZAMBROWS (Deceased) SANDRA ZAMBROWS (Widow) vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a lower judge's order to set aside a Compromise and Release (C&R) agreement. This decision was based on the applicant's petition to set aside the C&R being filed more than five years after the date of injury, thus precluding the "good cause" standard for rescission. The WCAB remanded the case for further proceedings, noting that the applicant must prove extrinsic fraud to set aside the C&R at this stage, and also acknowledging a potential estoppel issue regarding Liberty Mutual's coverage dates.

Workers' Compensation Appeals BoardSandra ZambrowsSandra Zambrows (Widow)Los Angeles County Office of EducationLiberty Mutual Insurance CompanyPetition for ReconsiderationOrder Setting Aside Compromise & ReleasePetition to Set Aside Compromise & ReleaseMutual Mistake of FactGood Cause
References
Case No. ADJ7889661
Regular
Jan 28, 2014

CONYANILL, STATE OF CALIFORNIA, CDCR - INMATE CLAIMS vs. STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

In this case, the defendant sought to set aside an Order Approving Compromise and Release (OAC&R) due to a mutual mistake in omitting a Medicare Set-Aside (MSA) provision. The Appeals Board granted reconsideration and rescinded the OAC&R. The matter was returned to the trial level to determine the parties' intent regarding the MSA and ensure compliance with Medicare regulations. This action was taken to provide the WCJ an opportunity to properly address Medicare's interests.

Petition for ReconsiderationOrder Approving Compromise and ReleasePetition to Set AsideMutual MistakeMedicare Set-AsideMSARescindAgreed Medical ExaminerWCJAppeals Board
References
Case No. ADJ3407743, ADJ4033299
Regular
May 03, 2018

KIM KELLEY vs. INTERSTATE BRANDS CORP.; SELFINSURERS SECURITY FUND, Administered by TRISTAR RISK MANAGEMENT

The applicant sought reconsideration of a Compromise and Release order, specifically challenging the inclusion of a disputed body part (right knee) in the Medicare Set Aside (MSA) calculation. The Appeals Board found the petition for reconsideration was timely filed. However, the Board determined there was insufficient evidence to rule on the applicant's claims regarding the MSA calculation. Therefore, the Board dismissed the petition for reconsideration and recommended it be treated as a petition to set aside, allowing for the presentation of evidence.

Petition for ReconsiderationCompromise and ReleaseMedicare Set Aside (MSA)Joint OrderWCJ ReportPetition to Set AsideUnilateral MistakeMutual MistakeDue ProcessFair Hearing
References
Case No. ADJ8189699
Regular
Mar 27, 2013

VERONICA TREJO vs. COUNTY OF LOS ANGELES

This case involves a dispute over a workers' compensation award based on stipulations approved at a mandatory settlement conference where the applicant was not present. The defendant sought to set aside the award, alleging issues with signatures and a "mutual mistake" regarding permanent disability. The Appeals Board denied the applicant's petition for removal, upholding the judge's authority to set aside the award pending further investigation. The Board highlighted serious ethical concerns regarding potential misconduct by both parties in the filing of the stipulations. The case was remanded for a status conference to address signature validity and potential sanctions.

Petition for RemovalOrder Setting Aside AwardStipulations with Request for AwardMandatory Settlement ConferenceAgreed Medical EvaluatorPetition to Set Aside StipulationMutual MistakeFraudDue ProcessEthical Misconduct
References
Case No. ADJ16936069; ADJ15085332
Regular
Mar 10, 2025

Earnest McIntosh vs. Saia LTL Freight, Broadsire

Applicant Earnest McIntosh sought reconsideration of an Order Approving Compromise and Release (OACR) issued by a workers' compensation administrative law judge. The Applicant contended entitlement to additional disability benefits. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as premature, citing a lack of clarity regarding service of the OACR and the applicant's understanding of the settlement terms concerning missing temporary disability checks. The WCAB recommended remanding the matter to the trial level to consider the petition as one to set aside the OACR and allow for further proceedings.

Petition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseWCJAppeals Boardpremature petitionset aside OACRtemporary disability indemnitystatutory cap104 weeks
References
Case No. ADJ12989988
Regular
Aug 22, 2025

Homero Balderas vs. Cheema Transport, Inc.; State Compensation Insurance Fund

Lien claimant, applicant's prior attorney, sought reconsideration of an Order Approving Compromise & Release (OACR) dated June 3, 2025, alleging due process violations and actions in excess of the Appeals Board's powers. The Board determined the petition for reconsideration was premature and dismissed it, returning the case to the Workers' Compensation Judge (WCJ). The WCJ is advised to treat the filing as a petition to set aside the OACR and to schedule a hearing to allow the lien claimant to present evidence, as the original OACR was approved via a walkthrough without a full record or input from the lien claimant.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise & ReleaseLien ClaimantDue ProcessWCJ Report and RecommendationLabor Code Section 5909Electronic Adjudication Management System (EAMS)Continuing JurisdictionSet Aside OACR
References
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