CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to the Department of Transportation (DOT) regarding its claim for credit against applicant Avneet Palaha's workers' compensation benefits. The DOT sought credit for a $305,000 civil settlement Palaha received from her employer for the same alleged sexual harassment and retaliation that led to her workers' compensation claim. The WCJ had denied the credit, interpreting the civil settlement's release clause to exclude workers' compensation claims. However, the Board found the release language preserved the employer's right to seek credit. The matter was returned for further proceedings to determine the extent of the credit, considering employer negligence and offsets for applicant's costs and fees.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to the Department of Transportation (DOT) regarding its claim for credit against applicant Avneet Palaha's workers' compensation benefits. The DOT sought credit for a $305,000 civil settlement Palaha received from her employer for the same alleged sexual harassment and retaliation that led to her workers' compensation claim. The WCJ had denied the credit, interpreting the civil settlement's release clause to exclude workers' compensation claims. However, the Board found the release language preserved the employer's right to seek credit. The matter was returned for further proceedings to determine the extent of the credit, considering employer negligence and offsets for applicant's costs and fees.
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