Cedar Sinai Medical Center Frederick Domingue WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFREDERICK DOMINGUE, Applicant,vs.CEDAR SINAI MEDICAL CENTER, Defendants.Case Nos. ADJ3623428 (MON 0334798),ADJ1196230 (MON 0334799)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of an Order Approving a Compromise and Release (OAC&R) entered by a workers’ compensation administrative law judge (WCJ) on November 17, 2009. In the Compromise and Release (C&R), which was executed by the applicant on January 26, 2009, and by the defendant on February 23, 2009, in exchange for $99,000, applicant settled his claims that, while employed as a lead craft worker on October 14, 2005 (ADJ3623428) and during a cumulative period ending on December 6, 2005 (ADJ1196230), he sustained industrial injury to his psyche, respiratory system, spine, upper extremities, cardiovascular system, and in the forms of hypertension and cancer. Although the exact date is not in evidence, it appears uncontested that the applicant passed away on March 15, 2009, after the C&R was executed by the parties, but before it was approved by the WCJ. Defendant wishes to set aside the OAC&R by way of its petition for reconsideration. The defendant contends that the WCJ erred in approving the C&R, arguing that approval by the Centers for Medicare and Medicare Services (CMS) was a condition precedent to the enforceability of the C&R, that applicant failed to disclose that he was suffering from terminal “brain cancer” prior to execution of the C&R, and that the WCJ abused his discretion in approving the C&R in light of the applicant’s death. We have received an answer from the applicant’s estate. We do not have the benefit of the report contemplated by Appeals Board Rule 10860 (Cal. Code Regs., tit. 8, § 10860). However, because the requirement of a report is “directory rather than mandatory,” and because , this opinion will discuss the relevant facts of
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