Richard Antonette vs. Volt Information Sciences; Majestic Insurance Company, Administered By Gallagher Bassett Claims Services

In this case, Richard Antonette filed a workers' compensation claim against Volt Information Sciences and Majestic Insurance Company, administered by Gallagher Bassett Claims Services. On August 1, 2011, both parties filed a Compromise and Release agreement, which provides for payment of $4,600.00, less credit to defendant for $4,000.00 in permanent disability advances, less $600.00 to applicant's prior attorney. The Workers' Compensation Appeals Board returned the matter to the trial level for determination of whether this settlement is adequate and should be approved. The Board noted that even if the applicant is guilty of fraud, he may not be foreclosed from all future workers' compensation benefits. The Board also noted that entitlement to receive

Volt Information Sciences; Majestic Insurance Company, Administered by Gallagher Bassett Claims Services Richard Antonette WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICHARD ANTONETTE, Applicant,vs.VOLT INFORMATION SCIENCES; MAJESTIC INSURANCE COMPANY, Administered by GALLAGHER BASSETT CLAIMS SERVICES, Defendants.Case No. ADJ4642991 (VNO 0556266) OPINION AND DECISION AFTER RECONSIDERATION            On June 2, 2011, we granted defendant’s Petition for Removal, construed as a petition for reconsideration, in order to allow sufficient opportunity to further study the factual and legal issues in this case. On June 27, 2011, we issued a Notice of Intention to admit employment records of Modular Mustang Racing and Employment Application of Vortech Engineering into evidence. Meanwhile, applicant had dismissed his attorney on May 28, 2011, and he is not now represented by an attorney.            On August 1, 2011, both applicant and defendant filed a Compromise and Release. The agreement provides for payment of $4,600.00, less credit to defendant for $4,000.00 in permanent disability advances, less $600.00 to applicant’s prior attorney. Defendant waives an alleged overpayment of temporary disability indemnity in the amount of $37,800.00. Applicant settles his right to further medical treatment.            We return this matter to the trial level for determination of whether this settlement is adequate and should be approved. Labor Code section 5001 provides in relevant part: “No release of liability or compromise agreement is valid unless it is approved by the appeals board or referee.” WCAB Rule 10870 (Cal. Code Regs., tit. 8, § 10870) provides: “Agreements that provide for the payment of less than the full amount of compensation due or to become due and undertake to release the employer from all future liability will be approved only where it appears that a reasonable doubt exists as to the rights of the , parties or that approval is in the best interest of

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