Maria Paredes [2] vs. Vista Community Clinic Permissibly Self-insured Administered By Athens Administrators

In this case, Maria Paredes filed a petition for reconsideration from the Order Approving Compromise and Release, issued April 28, 2014, in which a workers' compensation administrative law judge approved the settlement of her claim for an industrial injury to her back. The petition seeks to set aside the Compromise and Release Agreement. The Workers' Compensation Appeals Board granted the petition for reconsideration and rescinded the Order Approving Compromise and Release, returning the matter for further proceedings to consider Paredes' request to set aside the Compromise and Release Agreement. The Board also noted that if the WCJ does find Paredes has established good cause to set aside the Compromise and Release Agreement, any order

VISTA COMMUNITY CLINIC permissibly self-insured administered by ATHENS ADMINISTRATORS MARIA PAREDES [2] WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA PAREDES, Applicant,vs.VISTA COMMUNITY CLINIC, permissiblyself-insured, administered by ATHENSADMINISTRATORS, Defendants.Case No. ADJ8866374(San Diego District Office)OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION                Applicant, Maria Paredes, appearing in propria persona, has filed a petition for reconsideration from the Order Approving Compromise and Release, issued April 28, 2014, in which a workers’ compensation administrative law judge (WCJ) approved the settlement of applicant’s claim for an industrial injury to her back on September 24, 2012, in the amount of $22,000.00.            Applicant’s petition seeks to set aside the Compromise and Release Agreement. She contends that her attorney pressured her into signing an agreement that she was not ready to sign, that there was not an interpreter present during the discussion and signing of the agreement, that her medical condition has not resolved and she requires further medical treatment. Defendant has not filed an answer to applicant’s petition.            This matter is presently set for a June 30, 2014 conference on an earlier filed petition to set aside the Compromise and Release Agreement, which was filed by applicant’s prior attorney. We shall grant reconsideration and rescind the Order Approving Compromise and Release to permit the conference to go forward before the WCJ. This will allow applicant an opportunity to present her arguments to the WCJ to establish good cause to set aside the Compromise and Release Agreement. By rescinding the Order Approving Compromise and Release, the WCJ will have the authority to exercise his discretion to act on applicant’s request. The WCJ would otherwise not have the power to amend or modify the Order Approving Compromise and Release. (WCAB Rule 10859.)            Addit

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