Charles Jones vs. California Charter Academy; State Compensation Insurance Fund

(RIV 0061323) is a case in which Charles Jones sought reconsideration of an Order Approving Compromise and Release, issued March 14, 2011, wherein the workers' compensation administrative law judge approved the resolution of Jones' claim for $50,000. Jones argued that the terms of the Compromise and Release were defective because it precluded him from receiving benefits for his claimed neck, back and right shoulder injuries. The petition for reconsideration was dismissed as it was untimely.

California Charter Academy; State Compensation Insurance Fund Charles Jones WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHARLES JONES, Applicant,vs.CALIFORNIA CHARTER ACADEMY; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ3889569 (RIV 0061323) OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Applicant seeks reconsideration of the Order Approving Compromise and Release, issued March 14, 2011, wherein the workers’ compensation administrative law judge (WCJ) approved the resolution of applicant’s claim in ADJ3889569 and ADJ226975. Applicant’s claim was settled for $50,000.00. At the request of applicant a hearing was held on July 20, 2011. The WCJ noted on page 2 of the Minutes of Hearing: “Applicant attorney filed a Declaration of Readiness to Proceed requesting that the case be set for Expedited Hearing but now wants to proceed to a Trial requesting that the Compromise and Release pertaining to the same claims be set aside based upon fraud. He is also going to file a Petition for Reconsideration regarding the Order Approving Compromise and Release issued by Judge Willmon. The case will be taken off calendar.”            Applicant1, contends that the WCJ erred by approving the Compromise and Release agreement arguing that the terms of the Compromise and Release were defective because it precluded applicant from receiving benefits for his claimed neck, back and right shoulder injuries. Applicant also vaguely alludes to an amendment or alteration of “the prior award with respect to date of injury and the body 1            At the time applicant entered into the Compromise and Release agreement, he was represented by Lawrence Shelton. Attorney Sunil Shah has filed the petition on behalf of applicant, but there is no substitution of attorney form that has been filed. Mr. Shah did appear at the July 20, 2011 hearing which he requested on behalf of applicant. , parts.” However, there is no such amended award and applicant does not p

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