What the panel ordered
The WCAB amended the Findings and Order to strike Finding 5 but otherwise affirmed the WCJ's Findings and Order dated September 16, 2022, granting the petition to set aside the Compromise and Release and ruling that applicant is not required to reimburse the defendant any of the previous funds paid from the prior Order, with credit to defendant for benefits paid to date.
Defendant filed a petition for reconsideration of the WCJ's Findings and Order dated September 16, 2022, which set aside an Order approving compromise and release (OACR) and credited defendant for settlement funds already paid. The WCAB granted reconsideration to further study the factual and legal issues and issued a corrected Opinion and Decision After Reconsideration.
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.
Good cause existed to set aside the Order Approving the Compromise and Release because the applicant was a Spanish-speaking individual who executed the settlement without a certified interpreter, which was not disclosed to the WCJ at the time of approval, rendering the original order inequitable.
The WCJ found the applicant credible in testifying that she no longer had the settlement funds and ruled that she is not required to reimburse the defendant any of the previous funds paid, as the defendant did not present evidence to the contrary.