CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant's current claim for cumulative brain injury is not barred by a 1989 compromise and release agreement. The 1989 agreement specifically released claims for orthopedic injuries, and there was no evidence that the applicant knew of or intended to release a brain injury claim at that time. The Board found that the brain injury claim, diagnosed later, involved a distinct injury not contemplated by the earlier settlement. Therefore, the doctrines of res judicata and collateral estoppel did not apply to bar the current claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant's current claim for cumulative brain injury is not barred by a 1989 compromise and release agreement. The 1989 agreement specifically released claims for orthopedic injuries, and there was no evidence that the applicant knew of or intended to release a brain injury claim at that time. The Board found that the brain injury claim, diagnosed later, involved a distinct injury not contemplated by the earlier settlement. Therefore, the doctrines of res judicata and collateral estoppel did not apply to bar the current claim.
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