OMEGA EXTRUDING CORP OF CALIFORNIA; GALLAGHER BASSETT CORONA, JOSE CONTRERAS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE CONTRERAS, Applicant,vs.OMEGA EXTRUDING CORP OF CALIFORNIA; GALLAGHER BASSETT CORONA, Defendants.Case No. ADJ1241059 (POM 0299949)OPINION AND’ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, Jose Contreras, appearing in propria persona, seeks reconsideration of the Order Approving Compromise and Release, issued March 11, 2009, in which a workers’ compensatiorn administrative law judge (WCJ) approved the $17,500.00 settlement of applicant’s claim for an October 17, 2007 injury to his foot and back, while employed as a packer by Omega Extruding. After deductions for permanent disability advances, temporary disability overpayment, attorney’s fee and $2,891.43 in duplicative EDD payments, the balance due to applicant was $3,096.67. Issued concurrently with the Order Approving Compromise and Release was a stipulation for defendant to pay EDD the sum of $2,891.43. Applicant seeks reconsideration of the Order Approving Compromise and Release, challenging the fairness and adequacy of the settlement, contending that he was told by his attorney that he could not obtain a “voucher for $6,000.00, medication, therapy and doctor for life,” because he was not born in this country and did not have his “legal papers.” He also states that he agreed to the settlement because he was scared, and he felt he was discriminated against. Applicant’s petition was handwritten in Spanish, and translated by an employee of the Workers’ Compensation Appeals Board. , According to the WCJ’s Report and Recommendation on Petition for Reconsideration, applicant’s claim was admitted by defendant and the settlement was based upon the report of Agreed Medical Examiner, Dr. Lincoln Yee. The WCJ states that the parties negotiated a reasonable settlement and that there was no inappropriate conduct by defendant
Jose Contreras, vs. Omega Extruding Corp Of California; Gallagher Bassett Corona,
In this case, Jose Contreras, an employee of Omega Extruding, was injured on October 17, 2007 and was awarded a $17,500 settlement. After deductions for permanent disability advances, temporary disability overpayment, attorney's fee and $2,891.43 in duplicative EDD payments, the balance due to applicant was $3,096.67. Contreras sought reconsideration of the Order Approving Compromise and Release, challenging the fairness and adequacy of the settlement. The Workers' Compensation Appeals Board granted reconsideration to provide the WCJ the opportunity to obtain the medical and benefits payment records to substantiate the adequacy of the parties' settlement. The Order Approving Compromise and Release
- Filed On:
- Court: California, Pomona
- Case No. ADJ1241059
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