What the panel ordered
Findings, Award and Order of September 27, 2019 rescinded; matter remanded to WCJ for settlement consideration and further proceedings
Petition for reconsideration granted; original Findings, Award and Order rescinded; matter remanded to WCJ for consideration of Compromise and Release settlement
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 factual and legal issues presented in the petition filed by U.S. Fire.
From the decision · page 1Defendant, United States Fire Insurance Company (U.S. Fire), petitions for reconsideration of the Findings, Award and Order issued by the workers' compensation administrative law judge (WCJ) in this matter on September 27, 2019. In that decision, the WCJ found that applicant, sustained cumulative injury arising out of and in the course of employment to his neck, lumbar spine, knees, right elbow, right shoulder, and consisting of hypertension and a sleep disturbance while employed as a binder and collector by Interprint Printing Company from May 10, 2009, through March 31, 2010, and then by Pegasus from April 1, 2010 through May 18, 2010. The WCJ also found that applicant's injury caused temporary disability from May 18, 2010 through May 17, 2012, permanent partial disability of 50% and need of further medical treatment to cure or relieve from the effects of the injury. The WCJ awarded benefits against U.S. Fire and Travelers Property Casualty Company of America (Travelers) jointly and severally.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The parties reached an agreement in principle to settle the matter by compromise and release.
Favours neutral
This agreement prompted the Board to rescind the original decision and remand the matter to the WCJ for settlement consideration.
From the decision · page 2We granted reconsideration1 to further study the factual and legal issues presented. Subsequently, the parties participated in a commissioners' settlement conferences at our request. On November 4, 2021, the parties informed us that all parties have reached an agreement in principle to settle this matter by compromise and release and that settlement papers are being circulated for signature.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code
Labor Code section 5900 et seq.
Applied to the petition for reconsideration filed by U.S. Fire.
From the decision · page 1Defendant, United States Fire Insurance Company (U.S. Fire), petitions for reconsideration of the Findings, Award and Order issued by the workers' compensation administrative law judge (WCJ) in this matter on September 27, 2019. In that decision, the WCJ found that applicant, sustained cumulative injury arising out of and in the course of employment to his neck, lumbar spine, knees, right elbow, right shoulder, and consisting of hypertension and a sleep disturbance while employed as a binder and collector by Interprint Printing Company from May 10, 2009, through March 31, 2010, and then by Pegasus from April 1, 2010 through May 18, 2010. The WCJ also found that applicant's injury caused temporary disability from May 18, 2010 through May 17, 2012, permanent partial disability of 50% and need of further medical treatment to cure or relieve from the effects of the injury. The WCJ awarded benefits against U.S. Fire and Travelers Property Casualty Company of America (Travelers) jointly and severally.
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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.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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