What the panel ordered
Petition for Reconsideration granted; Findings and Order amended to correct date of Compromise and Release to May 8, 1997; Findings and Order otherwise affirmed; Applicant takes nothing additional; Compromise and Release not vacated
Petition for Reconsideration granted; Findings and Order of August 23, 2023 amended and otherwise affirmed
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Other disputed issueDefendant prevailedneck · shoulder · back
The WCJ found no credible evidence of fraud or deceit in the Compromise and Release and did not vacate it; the Appeals Board adopted and incorporated the WCJ's report and affirmed this finding.
From the decision · page 10The WCJ understands the Applicant considers her evidence to prove the agreement was to settle the entire Restitution Order. However, based upon the entirety of the record this WCJ did not find Applicant's testimony credible. Further based on the entire record, including the witness testimony of Peter Paul Mendel and Sef Krell, and the exhibits from both sides and a complete lack of corroborating evidence that the C&R Exhibit B was not complete at the time of signing, it is found the settlement was not procured by fraud and deceit are duress.