CompFox AI Summary
In this workers' compensation case, the applicant sought reconsideration after the WCJ found his Labor Code section 132a claim was waived in a Compromise and Release (C&R) agreement. The applicant argued that paragraph 9 of the C&R form, requiring initials for included issues, did not show a waiver of the 132a claim, despite a conflicting provision in an addendum. The Appeals Board found ambiguity in the C&R documents and resolved it in favor of the applicant, amending the WCJ's finding to state no waiver occurred. The case was returned for further proceedings on the 132a claim.
Full Decision Text1 Pages
In this workers' compensation case, the applicant sought reconsideration after the WCJ found his Labor Code section 132a claim was waived in a Compromise and Release (C&R) agreement. The applicant argued that paragraph 9 of the C&R form, requiring initials for included issues, did not show a waiver of the 132a claim, despite a conflicting provision in an addendum. The Appeals Board found ambiguity in the C&R documents and resolved it in favor of the applicant, amending the WCJ's finding to state no waiver occurred. The case was returned for further proceedings on the 132a claim.
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