General Motors, Permissibly Self-Insured; Arrowood Indemnity Insurance Co. Jacqueline Green WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJACQUELINE GREEN, Applicant,vs.GENERAL MOTORS, PermissiblySelf-Insured; ARROWOOD INDEMNITYINSURANCE CO., Defendants.Case No. ADJ976241 (VNO 0301388)(Van Nuys District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION On December 17, 2012, Jacqueline Green, applicant (Jacqueline), and Theodore M. Green, who identifies himself as “co-applicant and lien-holder” (Theodore), filed a document entitled “Motion for Order Granting the Lien Claimant’s Theodore M. Green, Full Compensation in Exchange for Release of All Liens and Claims Green’s Statement of Facts and Declaration To Be Placed into Evidence.” The workers’ compensation administrative law judge (WCJ) has construed this document as a petition for reconsideration and request to set aside the Order Approving Compromise and Release which he had issued on September 8, 2011. We agree. Petitioners contend that they did not agree to dismiss the lien of Theodore, that they did not agree to dismiss “any and all liens for non-qualified expenses and home health care cooking, cleaning, transportation and the elevator or any non-medical provider,” and that they did not agree to waive or relinquish any collateral legal rights or remedies. Defendant filed an Answer. Petitioners then filed an Addendum dated December 16, 2012. Applicant, while employed on August 27, 1991, sustained an industrial injury to her back, psyche, gastrointestinal system and hypertension. On August 5, 1997, she received an award on 74 1/4% permanent disability after apportionment. On September 20, 2001, she received a stipulated award that she is in need of further medical care, specifying non-medical benefits associated with that care. , On September 8, 2011, defendant filed a Compromise and Release (C&R). The C&R provides for a structured settlemen
Jacqueline Green Case Against General Motors and Arrowood Indemnity
In this case, Jacqueline Green and Theodore M. Green filed a document entitled "Motion for Order Granting the Lien Claimant's Theodore M. Green, Full Compensation in Exchange for Release of All Liens and Claims Green's Statement of Facts and Declaration To Be Placed into Evidence." The workers' compensation administrative law judge (WCJ) construed this document as a petition for reconsideration and request to set aside the Order Approving Compromise and Release which he had issued on September 8, 2011. The petition was dismissed as it was filed more than 20 days after the Order Approving Compromise and Release was issued.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ976241
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