James Lamb vs. The Kenan Advantage Group; American Zurich Insurance Co., Administered By Gallagher Bassett

In this case, James Lamb was employed as a truck driver by The Kenan Advantage Group and American Zurich Insurance Co., administered by Gallagher Bassett. Lamb sustained an injury to his lumbar spine with radicular pain into his lower extremities, but did not sustain injury to his head, neck and upper extremities. The parties reached a complete settlement of the case by way of a Compromise and Release Agreement, and the Appeals Board granted reconsideration of the Joint Findings Award and Order and rescinded the decision, returning the matter to the trial level for review of the settlement and any further proceedings.

The Kenan Advantage Group; American Zurich Insurance Co., administered by Gallagher Bassett James Lamb WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES LAMB, Applicant,vs.THE KENAN ADVANTAGE GROUP; AMERICAN ZURICH INSURANCE CO., administered by GALLAGHER BASSETT, Defendants.Case Nos. ADJ7084863ADJ7380456OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            By a timely and verified petition, Defendant sought reconsideration of the Joint Findings Award and Order (FAO) issued by a workers’ compensation administrative law judge (WCJ) on May 25, 2011. As relevant here, the FAO found that applicant, while employed as a truck driver by defendant during the cumulative period from November 7, 2009, through December 4, 2009, sustained an injury arising out of and occurring in the course of employment to his lumbar spine with radicular pain into his lower extremities, but did not sustain injury to his head, neck and upper extremities.            On July 25, 2011, the WCJ’s assistant advised the Appeals Board that applicant and defendant have reached a complete settlement of these cases by way of a Compromise and Release. The fully executed Compromise and Release Agreement has been scanned into EAMS. Therefore, as our Decision After Reconsideration, we will rescind the decision filed on May 25, 2011, and return this matter to the trial level. If the settlement is not approved by the WCJ, the original decision may be reinstated, and either party may timely seek reconsideration from the reinstated decision.             For the foregoing reasons, ,             IT IS ORDERED that reconsideration of the Joint Findings and Order of May 25, 2011 is GRANTED and that as the Appeals Board’s Decision After Reconsideration, said decision is RESCINDED and this matter RETURNED to the trial level for review of the settlement and any further proceedings the workers’ compensation administrative law judge deems appropriate.WORKERS’ COMPENSATION A

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