What the panel ordered
Findings and Awards issued December 2, 2020, rescinded; Compromise and Release filed May 20, 2021, approved.
Petition for reconsideration of Findings and Awards issued by WCJ on December 2, 2020, granted for further study; parties agreed to resolve claims by compromise and release.
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.
Discrimination under Labor Code §132aApplicant prevailedlow back · neck · psyche · lumbar and thoracic back · shoulders
The parties agreed to resolve the claims by compromise and release, and the WCAB approved the settlement as adequate and in the best interest of the applicant, rescinding the prior Findings and Awards.
From the decision · page 1I. applicant, petitions for reconsideration of the Findings and Awards issued by the workers' compensation administrative law judge (WCJ) in this matter on December 2, 2020. In that decision, the WCJ found that applicant's injuries in these cases caused new and further disability amounting to 95% of 3%, the liability for such increase apportioned between the two injuries. Previously, a WCJ had approved stipulations on January 22, 2014, that applicant, while employed by defendant, TJ Maxx, sustained injuries arising out of and in the course of his employment as follows: to his low back, neck and psyche and consisting of a sleep disorder and constipation on January 1, 2003, resulting in permanent partial disability of 12% and need of further medical treatment (case ADJ8005454); to his lumbar and thoracic back, neck, shoulders, psyche and consisting of a sleep disorder and constipation during a cumulative period ending June 23, 2011, resulting in permanent partial disability of 25% and need of further medical treatment (case ADJ8005491); and to his lumbar and thoracic back, neck, shoulders, psyche and consisting of a sleep disorder and constipation resulting in permanent partial disability of 45% and need of further medical treatment (case ADJ8005495). Subsequently, applicant's petition to reopen for