California WCABPanel decision

ADJ11280390 · August 3, 2021

Findings and Orders of October 23, 2020, rescinded; Compromise and Release filed July 13, 2021, approved; award made in favor of applicant.

Issues decided: 1
Medical opinions weighed: 0
Authorities named: 3
District office: Van Nuys

What the panel ordered

Findings and Orders of October 23, 2020, rescinded; Compromise and Release filed July 13, 2021, approved; award made in favor of applicant.

Petition for reconsideration of Findings and Orders issued by WCJ on October 23, 2020, denied; matter resolved by Compromise and Release agreement approved by WCAB.

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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.

AOE/COEMixed

The WCJ found the injury not compensable because applicant was the initial physical aggressor, but the parties resolved the matter by compromise and release, which was approved by the WCAB.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Applicant was found by the WCJ to be the initial physical aggressor in an altercation resulting in injury on April 6, 2018.

Favours Defendant prevailed

This finding led the WCJ to conclude the injury was not compensable.

Favours Applicant prevailed

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The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code section 5001

No release of liability or compromise agreement is valid unless approved by appeals board or referee.

The WCAB reviewed and approved the compromise and release agreement.

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:

WCAB Rule 10700

The WCAB shall inquire into the adequacy of all compromise and release agreements and stipulations with request for award.

The WCAB considered the adequacy of the compromise and release agreement and approved it.

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.) Labor Code section 5002 states that:

Labor Code section 5002

A copy of the release or compromise agreement signed by both parties shall be filed with the appeals board, which may enter its award based on the agreement.

The WCAB entered its award based on the compromise and release agreement filed by the parties.

From the decision · page 2"A copy of the release or compromise agreement signed by both parties shall forthwith be filed with the appeals board. Upon filing with and approval by the appeals board, it may, without notice, of its own motion or on the application of either party, enter its award based upon the release or compromise agreement." After considering the compromise and release in light of the entire record, we conclude that the settlement amount is adequate and that the agreement is in the best interest of applicant. We have considered that any potential right to death benefits is being released. In addition, we conclude that the attorneys' fee requested is reasonable and should be allowed. Therefore, we will rescind the Findings and Orders issued on October 23, 2020, and approve the Compromise and Release. Finally, we commend the parties for engaging in good faith negotiations and successfully resolving this matter without the need for further litigation. For the foregoing reasons, IT IS ORDERED as the Decision After Reconsideration of the Workers' Compensation Appeals Board that the Findings and Orders issued in this matter on October 23, 2020, be RESCINDED.

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

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