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Case Law Database

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

Case No. WCK0071378
Regular
Aug 07, 2008

KEN RYERSON vs. NESTLE COMPANY, Permissibly Self-Insured, adjusted by SEDGWICK

This case involves a worker's compensation appeal concerning temporary disability and vocational rehabilitation rates. However, the parties submitted a compromise and release agreement for $140,000.00 to settle all claims, including potential death benefits for dependents. The Board granted reconsideration, rescinded its prior decision, and approved the settlement as fair, reasonable, and in the applicant's best interest, considering the release of death benefits and the absence of specific vocational rehabilitation protections.

Compromise and ReleaseVocational Rehabilitation Delay RateThomas FindingRogers ReleaseDeath BenefitsCumulative Industrial InjuryBilateral Upper ExtremitiesNeckSpineBack
References
2
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 As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda.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. ADJ4139709
Regular
Jan 14, 2010

JORGE HERRERA vs. ROMANO'S MACARONI GRILL, LIBERTY MUTUAL INSURANCE COMPANY

The Applicant filed a petition for reconsideration from a non-final Notice of Intention to Dismiss, which is procedurally improper. Simultaneously, a different judge approved a Compromise and Release Agreement on the same day the petition was filed, an action beyond the judge's authority once the petition was pending. The Board dismissed the Applicant's petition for reconsideration and, on its own motion, granted reconsideration of the approved Compromise and Release. Consequently, the Order Approving Compromise and Release was vacated and the matter remanded for further consideration of the agreement.

Petition for ReconsiderationOrder of DismissalMandatory Settlement ConferenceCompromise and Release AgreementNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJEAMSLabor CodeFinal Order
References
0
Case No. ADJ3817494 (LAO 0863722)
Regular
Jun 21, 2017

CHRISTINE RANGEL vs. HONEYWELL INTERNATIONAL, INC, ZURICH NORTH AMERICA, MATRIX ABSENCE MANAGEMENT, INC

Applicant Rangel petitioned for reconsideration of a WCJ's award finding industrial injury and $63\%$ permanent disability, arguing she was permanently and totally disabled. Following a Commissioners' Settlement Conference, the parties executed a Compromise and Release agreement. The Board, after reviewing the agreement and the record, found it adequate and in the applicant's best interest, rescinded the prior award, and approved the Compromise and Release. This action included releasing any potential death benefit claims and approving the agreed-upon attorney's fees.

Workers' Compensation Appeals BoardChristine RangelHoneywell International IncZurich North AmericaMatrix Absence Management IncReconsiderationFindings and AwardCardiovascular system injuryPsyche injurySleep disorder
References
0
Case No. ADJ4241829 (SBR 0329480) ADJ2740209 (SBR 0329464)
Regular
Jan 03, 2017

DENNIS BAKANOSKI (DEC.) vs. UNIVERSITY MARELICH MECHANICAL, ZURICH AMERICAN INS. CO., BECHTEL POWER CORP., INS. CO. OF THE STATE OF PENN

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award because the applicant and defendants reached a Compromise and Release agreement. The original award addressed temporary and permanent disability benefits for a deceased worker, Dennis Bakanoski, and determined liability between two employers and their insurers. The WCAB rescinded the prior award and remanded the case to the trial level to consider the Compromise and Release agreement. If approved, the agreement will resolve the outstanding claims; otherwise, a new award will be issued.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardTemporary Total DisabilityPermanent Partial DisabilityApportionmentAgreed Medical ExaminerCumulative TraumaCompromise and ReleaseRescinded Award
References
0
Case No. ADJ7111686
Regular
Apr 14, 2010

DANIEL AVENDANO, JR. vs. RAYDON, INC., ENDURANCE INS. CO., FIRSTCOMP.

The defendant sought reconsideration of an approved Compromise and Release agreement, arguing the WCJ erred by not allowing a credit for permanent disability advances due to mutual mistake. The agreement settled the applicant's industrial injuries for $\$12,797.50$. However, the Compromise and Release form contained an ambiguous clause regarding permanent disability advances, with blanks left unfilled by the defendant. Because the defendant drafted the agreement and the applicant was unrepresented, any ambiguity is construed against the defendant. Therefore, the petition for reconsideration was denied, and the defendant is not entitled to a credit for permanent disability advances.

Permanent disability advancesCompromise and ReleaseMutual mistake of factWCABLabor Code section 5003AmbiguityUnrepresented applicantContract interpretationCreditIndustrial injury
References
2
Case No. ADJ3669487
Regular
Jul 21, 2015

JAMES WILLIAMS vs. BARKER MANAGEMENT, ARGONAUT INSURANCE COMPANY

The applicant, James Williams, sought reconsideration of an order disapproving a compromise and release agreement he unilaterally submitted for approval. The agreement, purportedly for $17,835,417.18, was only signed by the applicant and did not reflect the agreement of the defendants, including the Subsequent Injuries Benefits Trust Fund (SIBTF) who offered to settle for $6,000. The Appeals Board dismissed the petition, adopting the WCJ's report, because a valid compromise and release requires mutual assent and signatures from all parties. The Board also admonished the applicant for his misleading submission, citing potential sanctions under Labor Code Section 5813.

Order Disapproving Compromise and ReleasePetition for ReconsiderationWCJCompromise and ReleaseUncontestedSubsequent Injuries Benefits Trust FundLabor Code Section 5813(a)SanctionsBad-faith actionsFrivolous
References
1
Case No. ADJ9038965
Regular
Sep 05, 2019

CESAR BERAUN vs. VERIZON WIRELESS, NATIONAL UNION FIRE INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration after the defendant appealed a finding of a violent act and 79% permanent disability award. Subsequently, the parties entered into a Compromise and Release agreement for $195,000. The WCAB found the settlement adequate and in the applicant's best interest, approving the agreement. Therefore, the WCAB rescinded the original award and approved the Compromise and Release.

Compromise and ReleaseViolent ActLabor Code section 4660.1Psychiatric DisabilityPermanent Partial DisabilityWCJReconsiderationWorkers' Compensation Appeals BoardSettlement AgreementAttorneys' Fees
References
0
Case No. ADJ4517414 (EUR 0036075)
Regular
Sep 13, 2010

, C. AND J. RANDY LINGARD vs. EUREKA CITY SCHOOL DISTRICT, PACIFIC EMPLOYERS INSURANCE, by ESIS CHATSWORTH

The defendant, Pacific Employers Insurance, sought reconsideration of a compromise and release order, arguing the payment was erroneously ordered against ACE USA instead of "Pacific Employers Insurance Group." The Appeals Board granted reconsideration because a fully executed amended compromise and release agreement was subsequently submitted. The original order is rescinded and the matter is returned to the trial level for review of the amended agreement.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseWCJPacific Employers Insurance GroupACE USAESISAmended Compromise and Release AgreementRescinded OrderTrial Level
References
0
Case No. ADJ7389210
Regular
Aug 22, 2019

NELLI GAGE vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND OF THE STATE OF CALIFORNIA

The Subsequent Injuries Benefits Trust Fund (SIBTF) petitioned for reconsideration of an administrative law judge's finding of 100% permanent disability and SIBTF liability. Applicant and SIBTF subsequently reached a compromise and release agreement resolving the claim. The Appeals Board reviewed the agreement, finding the settlement adequate and in the applicant's best interest. Consequently, the Board rescinded the prior order and approved the compromise and release, awarding benefits accordingly.

Subsequent Injuries Benefits Trust FundSIBTFCompromise and ReleaseWCABOpinion and Decision After Reconsiderationpermanent disabilityvocational rehabilitationLabor Code section 5001WCAB Rule 10882Labor Code section 5002
References
0
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