What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed and denied by the WCAB panel after review of the WCJ report.
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.
Other disputed issueDefendant prevailedshoulder · ankle
The Board found the Compromise and Release unenforceable because the applicant died before final execution and approval, constituting a material change in circumstances, and the liability for future medical treatment expired with the applicant's death.
From the decision · page 4The issues presented for Trial were (1) whether the Compromise and Release should be enforced; (2) attorney's fees; (3) Whether any accrued benefits exist; and (4) whether the applicant's estate has any entitlement to the MSA funds. The issues addressed in the Finding and Order were whether the compromise and release ("C&R") should be enforced, attorneys' fees and whether any accrued benefits exist. Since the undersigned found no entitlement to the overall C&R, the issue regarding the MSA funds was moot. The Petition for Reconsideration solely disputes the issue of whether the C&R is enforceable. We will address that question now.