Ross Stores, Inc. And Xl Specialty Insurance; And Mjo Staffing And American Home Assurance Carolina Sales WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACAROLINA SALES, Applicant,vs.ROSS STORES, INC. and XL SPECIALTY INSURANCE; and MJO STAFFING and AMERICAN HOME ASSURANCE, DefendantCase No. LBO 0384614OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION; GRANTING RECONSIDERATION ON BOARD MOTION AND DECISION AFTER RECONSIDERATION Defendant XL Specialty Insurance (XL) seeks reconsideration of the December 18, 2007, Order vacating the November 26, 2007, Order Approving Compromise & Release (OACR). In the November 26, 2007 OACR, the workers’ compensation administrative law judge (WCJ) approved the parties settlement of applicant’s claim for ordinary workers’ compensation benefits for the admitted industrial injury that she sustained to her shoulders, upper extremities, psyche, spine, and right calf and leg during the period from March 23, 2005, through March 21, 2006, w hile employed as a splittcr/sorter by Ross Stores, Inc., XL’s insured on the date of injury, and by MJO Staffing, American Home Assurance’s insured on the date of injury, by Compromise «fe Release (C&R) for $11,500. Subsequently; however, on December 9, 2007, applicant wrote to the WCJ and stated, in essence, that she had not understood or agreed to the terms of the settlement of her case by the C&R. Thereafter, on December 18, 2007, over defendants’ objection, the WCJ vacated the OACR. Defendant contends that the WCJ erred in vacating the OACR, arguing that there was no showing of good cause to vacate the parties’ settlement. Applicant, now in pro per, did not file an answer to defendant’s petition for reconsideration. , We have considered the allegations raised in the petition for reconsideration, as well as the content of the WCJ’s Report and Recommendation (Report). In the Report, the WCJ stated that applicant wanted to have the OACR rescind
Menu
