Michelle Routson vs. John Evans, D.d.s,; Zenith Insurance Company

This case is about John Evans, D.D.S., and Zenith Insurance Company, who are defendants in a workers' compensation case brought by Michelle Routson. Routson was injured while employed as an administrative assistant on April 3, 2000 and settled her claim with a December 18, 2007 Order Approving Compromise and Release for the sum of $357,997.00. The settlement was structured to pay Routson a lump sum payment of $55,000.00 followed by monthly payments of $750.00 for 30 years certain and life. Routson and R&P Capitol Resources, Inc. requested the Appeals Board to approve an agreement between them that Routson would receive $35,000.00 from R&P in

John Evans, D.D.S,; Zenith Insurance Company Michelle Routson WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHELLE ROUTSON, Applicant,vs.JOHN EVANS, D.D.S,; ZENITH INSURANCE COMPANY, Defendant(s).Case No. ADJ3767421OPINION AND DECISION AFTER RECONSIDERATION            On February 16, 2010, we granted reconsideration applicant’s request for reconsideration of the December 1, 2010 Findings and Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that, “The Workers Compensation Appeals Board docs not have jurisdiction to approve or disapprove the Petition for Approval for the Transfer of Structured Settlement Payment Rights by between Michelle Routson and R&P Capitol Resources, Inc.” Based on this Finding, the WCJ ordered that this matter be taken off calendar.            Previously, applicant’s claim of injury to her right lower extremity while employed as an administrative assistant on April 3, 2000 waslsettled by a December 18. 2007 Order Approving ¡ Compromise and Release for the sum of $357,997.00. In part, the settlement was structured to pay applicant a lump sum payment of $55,000.00 followed by monthly payments of $750.00 for 30 years certain and life. To satisfy those payments, defendant Zenith Insurance Company purchased an annuity contract from Aviva Life Insurance Company (Aviva). On June 30, 2009, R&P Capitol Resources, Inc. filed a Petition for Approval for Transfer of Structured Settlement Payment Rights by and between Michelle Routson and R&P Capitol Resources, Inc., Pursuant to California Insurance Code §10134, ct. scq. (Petition for Approval). Therein and pursuant to Insurance Code section 10134 et. seq., R&P Capitol Resources, Inc. (R&P) requested the Appeals Board approve , an agreement between applicant and R&P that applicant would receive $35,000.00 from R&Pexchange for assigning io R&P her right to receive the $750.00 monthly annuity payment from Aviva for 10 years. A conference was held on

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