CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration, upholding the prior finding that he could not proceed against CNA ClaimPlus. This is because a prior Compromise and Release (C&R) agreement, approved by a judge, resolved all issues for the entire cumulative trauma period, including future medical treatment, against both CompWest and CNA. The Board found that the C&R, having the effect of a judgment, constituted a bar to further claims against CNA for the released period, and the applicant's failure to properly address the C&R's terms did not constitute good cause to set it aside. CNA's citation of an unpublished case and procedural violations by their counsel were noted and admonished.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration, upholding the prior finding that he could not proceed against CNA ClaimPlus. This is because a prior Compromise and Release (C&R) agreement, approved by a judge, resolved all issues for the entire cumulative trauma period, including future medical treatment, against both CompWest and CNA. The Board found that the C&R, having the effect of a judgment, constituted a bar to further claims against CNA for the released period, and the applicant's failure to properly address the C&R's terms did not constitute good cause to set it aside. CNA's citation of an unpublished case and procedural violations by their counsel were noted and admonished.
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