Donna Eichhorn, Dba Donna’s Tamales; Sequoia Insurance Company, administered by Amtrust North America, Lucresia Reyes, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUCRESIA REYES,Applicant,vs.DONNA EICHHORN, dba DONNA’S TAMALES; SEQUOIA INSURANCE COMP ANY, administered by AMTRUST NORTH AMERICA,Defendants.Case No. ADJ9240712(San Francisco District Office)OPINION AND DECISION AFTER RECONSIDERATION In a Findings and Award issued April 26, 2016, a workers’ compensation judge (WCJ) found, in relevant part, that applicant, while employed as a cook/production worker on June 28, 2013, sustained industrial injury to her left upper extremity, causing permanent disability of 3%. Applicant filed a timely petition for reconsideration of the WCJ’s decision, contending, in substance, that the medical opinion of Dr. Jamasbi, upon whom the WCJ had relied to determine permanent disability, justified a higher rating of permanent disability. Defendant filed an answer, The WCJ submitted a Report and Recommendation. The Appeals Board granted applicant’s petition for reconsideration in order to further study the factual and legal issues. While the matter was still pending on reconsideration, applicant and defendant agreed to participate in mediation in order to explore the possibility of settlement. Subsequently, the parties executed a Compromise and Release (“C&R”) agreement and presented it to the Board for approval. (Lab. Code, § 5001; Cal. Code Regs., tit. 8, § 10882.) We find it appropriate to return this case to the trial level to have a WCJ review the C&R submitted by the parties. Accordingly, as our Decision After Reconsideration, we will rescind the , Findings and Award of April 26, 2016 and we will return this matter to the trial level for further proceedings by a WCJ, including review and approval of the proposed C&R submitted by the parties. For the foregoing reasons,
Lucresia Reyes, vs. Donna Eichhorn, Dba Donna’s Tamales; Sequoia Insurance Company, Administered By Amtrust North America,
In this case, Donna Eichhorn, Dba Donna's Tamales, and Sequoia Insurance Company, administered by Amtrust North America, are defendants. The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration and rescinded the Findings and Award of April 26, 2016. The case was returned to the trial level for further proceedings by a WCJ, including review and approval of the proposed Compromise and Release agreement submitted by the parties.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ9240712
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