ADJ1533475 · April 28, 2022

The WCJ found permanent partial disability of 33% and 7% in two cases, but applicant contended for permanent total disability; the WCJ report recommended denial of reconsideration, and the matter was resolved by compromise and release.

From the decision · page 1I. applicant, petitioned for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on May 13, 2021. In that decision, the WCJ found that applicant's injuries to her low back arising out of and in the course of her employment on August 29, 2006 (case ADJ1533475) and during a cumulative period ending July 30, 2010 (ADJ8601078), as an underwriter, by defendant, Fireman's Fund Insurance Company, caused permanent partial disability of 33% in the former case and 7% in the latter case. At the time of injuries, the employer was insured for workers' compensation liability by defendant, the American Insurance Company, adjusted by ESIS in case ADJ1533475 and by Sedgwick CMS in case ADJ8601078. Applicant contends in her petition for reconsideration that the WCJ erred in not finding that applicant's injuries caused permanent total disability. Defendant filed an answer contending that the petition for reconsideration should be denied. The WCJ issued a report in which she recommended that the petition for reconsideration be denied.

Applicant's injuries to low back caused permanent partial disability of 33% and 7% in two cases as found by WCJ.

Favours Defendant prevailed

This finding was the basis for the original Findings and Award which was reconsidered.

From the decision · page 1I. applicant, petitioned for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on May 13, 2021. In that decision, the WCJ found that applicant's injuries to her low back arising out of and in the course of her employment on August 29, 2006 (case ADJ1533475) and during a cumulative period ending July 30, 2010 (ADJ8601078), as an underwriter, by defendant, Fireman's Fund Insurance Company, caused permanent partial disability of 33% in the former case and 7% in the latter case. At the time of injuries, the employer was insured for workers' compensation liability by defendant, the American Insurance Company, adjusted by ESIS in case ADJ1533475 and by Sedgwick CMS in case ADJ8601078. Applicant contends in her petition for reconsideration that the WCJ erred in not finding that applicant's injuries caused permanent total disability. Defendant filed an answer contending that the petition for reconsideration should be denied. The WCJ issued a report in which she recommended that the petition for reconsideration be denied.

Applicant contended that injuries caused permanent total disability, but WCJ recommended denial of reconsideration.

Favours Defendant prevailed

This contention was rejected in the WCJ report and influenced the reconsideration outcome.

From the decision · page 1I. applicant, petitioned for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on May 13, 2021. In that decision, the WCJ found that applicant's injuries to her low back arising out of and in the course of her employment on August 29, 2006 (case ADJ1533475) and during a cumulative period ending July 30, 2010 (ADJ8601078), as an underwriter, by defendant, Fireman's Fund Insurance Company, caused permanent partial disability of 33% in the former case and 7% in the latter case. At the time of injuries, the employer was insured for workers' compensation liability by defendant, the American Insurance Company, adjusted by ESIS in case ADJ1533475 and by Sedgwick CMS in case ADJ8601078. Applicant contends in her petition for reconsideration that the WCJ erred in not finding that applicant's injuries caused permanent total disability. Defendant filed an answer contending that the petition for reconsideration should be denied. The WCJ issued a report in which she recommended that the petition for reconsideration be denied.

Parties resolved the matter by Compromise and Release approved by WCAB, rescinding the prior Findings and Award.

Favours Applicant prevailed

The settlement resolved the dispute without further litigation, changing the outcome direction.

From the decision · page 2Subsequently, at our request the parties participated in a commissioners' settlement conference and agreed to resolve this matter by Compromise and Release.

California Labor Code

Labor Code section 5001

Compromise and Release agreements require approval by the Appeals Board.

From the decision · page 2II. Labor Code section 5001 states in pertinent part that "[n]o release of liability or compromise agreement is valid unless it is approved by appeals board or referee." WCAB Rule 10700 states that:

California Code of Regulations, title 8, section 10700

WCAB Rule 10700

The Appeals Board inquires into the adequacy of compromise and release agreements and may hold hearings to approve or disapprove them.

From the decision · page 2"The Workers' Compensation Appeals Board shall inquire into the adequacy of all compromise and release agreements and stipulations with request for award, and may set the matter for hearing to take evidence when necessary to determine whether the agreement should be approved or disapproved, or issue findings and awards." (Cal. Code Regs., tit. 8, § 10700.)

California Labor Code

Labor Code section 5002

Upon filing and approval by the Appeals Board, an award may be entered based on the compromise and release agreement.