What the panel ordered
Amended Findings and Award of April 26, 2022 rescinded; matter remanded to WCJ for further proceedings consistent with opinion
Petition for reconsideration granted; prior Amended Findings and Award rescinded; matter remanded to WCJ for further proceedings on Compromise and Release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.
The Board granted reconsideration to study the issues and remanded the matter to the WCJ to consider the Compromise and Release, allowing further proceedings if needed.
From the decision · page 1Defendant, Ace American Insurance Company (AAIC), petitions for reconsideration of the Amended Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on April 26, 2022. In that decision, the WCJ found that applicant sustained injury arising out of and in the course of employment on September 17, 2014, to his cervical spine, lumbar spine, upper and lower gastrointestinal system, headaches and diabetes arising out of and in the course of his employment by defendant, Trader Joe's Company. The WCJ also found that applicant is entitled to home care in an extent to be determined.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Parties filed a fully executed Compromise and Release on December 15, 2023.
Favours neutral
This settlement prompted the Board to rescind the prior award and remand for further proceedings on the settlement approval.
From the decision · page 1We granted reconsideration to further study the factual and legal issues presented.1 Subsequently, the parties participated in a commissioners' settlement conference at our request. On December 15, 2023, the parties filed a fully executed Compromise and Release. In order to expedite review and approval of the Compromise and Release, we will rescind the April 26, 2022 Amended Findings and Award and remand this matter to the WCJ to consider
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code provisions governing reconsideration and settlement approval
Applied to grant reconsideration and remand for settlement approval.
From the decision · page 1Defendant, Ace American Insurance Company (AAIC), petitions for reconsideration of the Amended Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on April 26, 2022. In that decision, the WCJ found that applicant sustained injury arising out of and in the course of employment on September 17, 2014, to his cervical spine, lumbar spine, upper and lower gastrointestinal system, headaches and diabetes arising out of and in the course of his employment by defendant, Trader Joe's Company. The WCJ also found that applicant is entitled to home care in an extent to be determined.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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