CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) reversed a prior decision, finding that Vince Ferragamo's current claim for cumulative brain injury is not barred by a 1988 compromise and release agreement. The Board determined that the brain injury was unknown and not intended to be covered by the prior settlement, which focused on orthopedic and other known injuries. Therefore, the doctrine of res judicata did not preclude this new claim, and the case was returned for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) reversed a prior decision, finding that Vince Ferragamo's current claim for cumulative brain injury is not barred by a 1988 compromise and release agreement. The Board determined that the brain injury was unknown and not intended to be covered by the prior settlement, which focused on orthopedic and other known injuries. Therefore, the doctrine of res judicata did not preclude this new claim, and the case was returned for further proceedings.
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