Manuel Aleman, vs. Tower Cleaning Systems, Inc.; liberty Mutual Insurance Company

In this case, Manuel Aleman, an area manager, sought workers' compensation for injuries sustained during his employment from January 2006 to October 10, 2008. Aleman was represented by attorney Dennis Fusi and a Compromise & Release Agreement was issued by a workers’ compensation administrative law judge (WCJ) on May 18, 2010. Aleman then filed a petition for reconsideration without the assistance of his attorney. The Appeals Board granted reconsideration, rescinded the OACR, and returned the matter to the trial level for further proceedings and decision. The Board noted that it had broad discretion to set aside an OACR on a petition for reconsideration and that good cause to set aside an OACR need not

Tower Cleaning Systems, Inc.; Liberty Mutual Insurance Company Manuel Aleman, WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMANUEL ALEMAN, Applicant,vs.TOWER CLEANING SYSTEMS, INC.; LIBERTY MUTUAL INSURANCE COMPANY, Defendants.Case No. ADJ6627328OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant, who is now’ apparently representing himself, seeks reconsideration of an Order Approving Compromise & Release (OACR) issued by a workers’ compensation administrative law judge (WCJ) on May 18, 2010. In the Compromise & Release Agreement, in exchange for $11,800. the applicant settled his claims that while employed as an area manager during a cumulative period from January 2006 to October 10, 2008, he sustained industrial injury to his psyche, neck, back, internal systems, neurological system, shoulders, and in the forms of headaches, nervousness, sleep disorder. Bells palsy, sexual dysfunction, hypertension, and diabetes. Prom the filing of his application for-adjudication of claim through the execution of the Compromise & Release, applicant was represented by attorney Dennis Fusi. Applicant prepared and filed the petition for reconsideration w’ithout the assistance of his attorney. Defendant states in its answer that the applicant dismissed his attorney on June 7, 2010. However, the file in this matter does not contain a dismissal or substitution of attorney form, as required by WCAB Rule 10774 (Cal. Code Regs., tit.8. § 10774) and Code of Civil Procedure §§ 284 ct scq.            Applicant’s handwritten petition for reconsideration reads as follows:  “Fact that my medical conditions (were] not considered even that got worst (sic). I [havej some medical records that [prove that] some of my medical conditions [from] Roger W. Shortz, M.D., F.A.C.S. ,  I can’t get a job because I can’t perform due to lower back pain. After 5 minutes walking I need to look for a place to sit down due to serious pain in my lower back.”

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