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

Case No. ADJ2645182
Regular
Jun 27, 2017

JENNIFER CARLSON-WELLER vs. SILVER'S AT THE WHARF, CYPRESS INSURANCE COMPANY

Applicant sought reconsideration of an approved Compromise & Release, asserting a change of mind and desire for continued medical treatment. The Board dismissed the petition because the applicant failed to present evidence of good cause, such as mutual mistake, duress, fraud, or undue influence, to set aside the agreement. The Board recommended the WCJ treat the petition as a motion to set aside, requiring a hearing for the applicant to present supporting evidence. Any decision on that motion would then be subject to reconsideration.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationWCJStipulationsAwardMedical TreatmentGood CauseMutual Mistake of FactDuress
References
Case No. ADJ2453878
Regular
Mar 02, 2017

SEAN COLGAN vs. NO VACANCY TRANSPORT, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

This Workers' Compensation Appeals Board decision denied reconsideration of a settlement. The applicant sought to set aside the settlement, alleging a mistake of fact regarding the inclusion of a serious and willful misconduct claim. The Board found that any misunderstanding by the applicant was a unilateral mistake, not sufficient to rescind the agreement without a showing of fraud, mutual mistake, duress, or undue influence. The WCJ's credibility determination regarding the defendant's intent to settle the claim was given great weight and not overturned.

Petition for ReconsiderationDeniedSettlementGood CauseFraudMutual Mistake of FactDuressUndue InfluenceUnilateral MistakeSerious and Willful Misconduct
References
Case No. ADJ11061012
Regular
Aug 28, 2019

MARACHELLE JACKSON vs. DOOR TO HOPE, LWP CLAIMS

Applicant sought reconsideration of an order approving a $95,000 compromise and release, claiming she was pressured into signing due to a mental health crisis and misinformation. The Board dismissed the petition as untimely, noting the lack of proof of service for the original order. However, the Board remanded the case to the WCJ to determine if the applicant's allegations constitute good cause to set aside the compromise and release. This involves evaluating whether the settlement was secured by fraud, mistake, duress, or undue influence, rendering it inequitable.

Compromise and ReleasePetition for ReconsiderationWCABAdministrative Law JudgeIndustrial InjuriesNeck InjuriesWrist InjuriesHand InjuriesArm InjuriesHead Injuries
References
Case No. ADJ8448254, ADJ8448256
Regular
Feb 18, 2014

MARTIZA PENALOZA vs. CITY OF HOPE, ADMINSURE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of an Order Approving a Compromise and Release Agreement. The applicant sought to set aside the settlement, claiming the $\$25,000$ was inadequate and she was misled about her options. The Board found no evidence of mistake, fraud, duress, or undue influence, noting the applicant's own initials on the agreement and her failure to exercise due diligence in understanding the settlement terms or her options. The Board concluded the settlement amount was reasonable given the Agreed Medical Examiner's findings and the applicant's occupation and age.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseAgreed Medical ExaminerPost-termination claimCumulative traumaPsyche claimDuressUndue influenceMutual mistake
References
Case No. ADJ460837 (VNO 0490198)
Regular
Nov 17, 2008

ROSARIO TRUJILLO, vs. ADECCO STAFFING; CSSC,

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an Order Approving Compromise and Release, which settled applicant Rosario Trujillo's claims for $\$30,000$. The defendant sought to set aside the settlement, arguing a Medicare set-aside analysis used for the settlement was no longer valid at the time of approval. The Board found the defendant made an insufficient showing to set aside the settlement, noting no changed condition had been demonstrated to invalidate the analysis, and that the defendant failed to establish fraud, mutual mistake, duress, or undue influence.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseWCJMedicare Set-Aside AnalysisCoventry Workers' Compensation Servicesgood causefraudmutual mistake of fact
References
Case No. ADJ8054165
Regular
Oct 18, 2012

OMAR ALVAREZ vs. BJ COLLECTION, INC., EMPLOYERS COMPENSATION INSURANCE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of an order approving a $5,000 compromise and release settlement. The applicant, who represented himself and claims the agreement was procured by force, now has legal counsel. The Board rescinded the original order, returning the case to the trial level for the WCJ to determine if the settlement should be reinstated, especially given issues with the defendant's signature and the applicant's potential lack of an interpreter. The WCJ will assess grounds like fraud, mistake, duress, or undue influence to decide if the compromise and release remains valid.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationOrder Approving Compromise and ReleaseWCJIndustrial InjuryHead InjuryBack InjuryForceDuress
References
Case No. ADJ1959622 (AHM 0143618) ADJ3555484 (AHM 0143619)
Regular
Feb 14, 2011

KAI-SEN TSAI vs. SUN SALES LA, INC., UNINSURED EMPLOYERS BENEFIT TRUST FUND, Rosa Lam

The Workers' Compensation Appeals Board dismissed Rosa Lam's petition for reconsideration of an approved Compromise and Release because it was filed untimely. Lam, acting "in pro per" despite being represented by counsel, alleged fraud, non-industrial causes, witness credibility issues, and ineffective assistance of her attorney who allegedly coerced her into signing the settlement. The Board found the petition was filed 29 days after the order, exceeding the 20-day jurisdictional deadline. Even if timely, the Board would have denied it, as ineffective assistance of counsel is not grounds to set aside an order and no undue influence was demonstrated.

Workers' Compensation Appeals BoardSun Sales LAInc.Uninsured Employers Benefit Trust FundRosa LamPetition for ReconsiderationOrder Approving Compromise and ReleaseIn Pro PerFraudulent ClaimsNon-Industrial Causes
References
Case No. ADJ9865743
Regular
Oct 16, 2018

FEI YE vs. HUGO BOSS USA, INC, NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA, Administered by AIG PROPERTY CASUALTY

The applicant sought reconsideration of an order approving a Compromise and Release (C&R) settlement, alleging fraud and malpractice by his former attorney. The Appeals Board denied reconsideration, finding the applicant failed to prove fraud, mutual mistake, duress, or undue influence to set aside the C&R. Although the Board noted procedural concerns regarding the ex parte submission of the C&R by the applicant's former counsel after being dismissed, it concluded the applicant received due process at a subsequent hearing and failed to establish good cause to rescind the settlement. The applicant's petition was also subject to dismissal for lack of proper verification.

Compromise and ReleasePetition for ReconsiderationWCJPetition to Set AsideGood CauseFraudMutual MistakeDuressUndue InfluenceVerification
References
Case No. ADJ10568300
Regular
Dec 06, 2017

JUAN LICEA vs. SCREWMATIC, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of an approved Compromise and Release agreement. The applicant, through new counsel, argued the settlement was not fully explained and he did not wish to resolve his claim. However, the WCAB found the petition premature as no evidence or testimony supported these claims. The WCAB recommended the case be returned to the judge to treat the petition as a request to set aside the settlement, allowing the applicant to present evidence.

WCABCompromise and ReleasePetition for ReconsiderationOrder ApprovingWCJSet AsideGood CauseStipulationMutual MistakeDuress
References
Case No. ADJ11515152
Regular
Mar 17, 2020

Kyle Herrera vs. Tom's Floor Co., WESCO Insurance Company

Applicant sought reconsideration of an approved Compromise and Release, alleging he received inaccurate information leading to an insufficient settlement. The Appeals Board dismissed the petition as premature because no evidence was presented to support the applicant's allegations. The Board returned the matter to the trial level for a hearing to determine if good cause exists to set aside the settlement. Following this hearing, either party may then file a timely petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseGuardian ad LitemFlooring installerLump sum paymentUntimelyDeny reconsiderationPrematureSet aside
References
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