CompFox AI Summary
The applicant's civil settlement agreement with his employer did not bar his workers' compensation claims because it was not approved by a WCJ, as required by Labor Code section 5001. The language of the civil release was insufficient to waive workers' compensation benefits without WCAB approval. Additionally, factual inaccuracies within the settlement and the applicant's testimony indicate no intent to settle workers' compensation claims. Therefore, the WCAB granted reconsideration, rescinded the prior order, and remanded the case for further proceedings.
Full Decision Text1 Pages
The applicant's civil settlement agreement with his employer did not bar his workers' compensation claims because it was not approved by a WCJ, as required by Labor Code section 5001. The language of the civil release was insufficient to waive workers' compensation benefits without WCAB approval. Additionally, factual inaccuracies within the settlement and the applicant's testimony indicate no intent to settle workers' compensation claims. Therefore, the WCAB granted reconsideration, rescinded the prior order, and remanded the case for further proceedings.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.