SUBSEQUENT INJURIES BENEFITS TRUST FUND, CARLEAN BARNES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARLEAN BARNES, Applicant,vs.SUBSEQUENT INJURIES BENEFITS TRUSTFUND, Defendant.Case Nos. ADJ3641046 (MON 0310454)ADJ3854227 (MON 0310453)(Marina del Rey District Office)OPINION AND DECISION AFTER RECONSIDERATION We previously granted reconsideration of the Findings and Award and Order to provide an opportunity to further study the legal and factual issues raised by the Petition for Reconsideration filed by the Subsequent Injuries Benefits Trust Fund. We are in receipt of an April 15, 2015 notice that the parties have reached a settlement of applicant’s claim against the Subsequent Injuries Benefits Trust Fund and have submitted an executed Compromise and Release Agreement for approval. In light of the notice submitted by Subsequent Injuries Benefits Trust Fund, we will rescind the WCJ’ s Findings And A ward and Order so that the case may be expeditiously returned to the trial level for the WCJ’s consideration of the proposed settlement. Upon return, the WCJ should consider the adequacy of the parties’ proposed settlement. In the event the settlement is not approved, the WCJ may issue a new decision in conformity with the earlier November 26, 2013 decision, and either party may thereafter timely seek reconsideration if aggrieved by that new decision.////////////////// , For the foregoing reasons, IT IS ORDERED as the Decision After Reconsideration of the Appeals Board that the November 26, 2013 Findings And Award and Order of the workers’ compensation administrative law judge is RESCINDED and the case is RETURNED to the trial level for the workers’ compensation administrative law judge’s consideration of the parties’ proposed settlement and for such further action as may be appropriate in accordance with this decision. WORKERS’COMPENSATION APPEALS BOARD _______________________________
Carlean Barnes, vs. Subsequent Injuries Benefits Trust Fund,
This case involves a dispute between Carlean Barnes, the applicant, and the Subsequent Injuries Benefits Trust Fund, the defendant. The parties have reached a settlement and submitted an executed Compromise and Release Agreement for approval. The Workers' Compensation Appeals Board has rescinded the WCJ's Findings and Award and Order and returned the case to the trial level for the WCJ's consideration of the proposed settlement. If the settlement is not approved, the WCJ may issue a new decision and either party may seek reconsideration if aggrieved by that new decision.
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ3641046
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