What the panel ordered
The WCAB granted reconsideration, rescinded the July 19, 2023 Findings and Order, and returned the matter to the trial level for further proceedings on the timeliness of the SIBTF application.
Applicant filed a Petition for Reconsideration of the July 19, 2023 Findings and Order that found the SIBTF application untimely; the WCJ had found the October 8, 2008 Compromise and Release to be a finding of permanent disability triggering the statute of limitations.
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.
The WCAB found that the 2008 Compromise and Release is not a finding of permanent disability and that the WCJ failed to properly analyze applicant's knowledge of SIBTF's probable liability and eligibility thresholds, thus the timeliness issue requires further proceedings.
From the decision · page 4We disagree. The Compromise and Release is not a finding on the issue of permanent disability. Paragraph 9 of the Compromise and Release specifically states that, "The parties wish to settle these matters to avoid the costs, hazards and delays of further litigation, and agree that a serious dispute exists as to the following issues (initial only those that apply)." (Joint Exhibit 101, Order Approving Compromise and Release and Compromise and Release, § 9.) Permanent disability is initialed under paragraph 9. (Ibid.) A Compromise and Release is a compromise; it is not a finding of disability.