Salomon Lopez vs. D & T Foods And Illinois Midwest Insurance Co

In this case, Salomon Lopez, an employee of D & T Foods, sustained an industrial injury to his back, legs and abdomen on January 10, 2012. The parties filed a Compromise and Release (C&R) on July 15, 2013, but the workers' compensation administrative law judge (WCJ) issued an Order Requiring Response and Action and Suspending Approval Concerning Compromise and Release, requiring additional medical evaluation. The parties filed an amended C&R on April 7, 2014, which was for payment to applicant of $25,000.00, less $5,914.29 in permanent disability advances, less an attorney's fee of $3,750.00, leaving a net

D & T FOODS and ILLINOIS MIDWEST INSURANCE CO SALOMON LOPEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASALOMON LOPEZ, Applicant,vs.D & T FOODS and ILLINOIS MIDWEST INSURANCE CO., Defendants.Case No. ADJ8350670(San Jose District Office)OPINION AND ORDERGRANTING PETITION FORREMOVAL AND DECISION AFTERREMOVAL/ORDER APPROVINGCOMPROMISE AND RELEASE            Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated April 23, 2014, wherein the workers’ compensation administrative law judge (WCJ) ordered: “Within ten days from the letter the parties SHALL arrange a QME or AME evaluation (1 encourage an AME) to address the abdominal aspects of this case.” Defendant contends that the Order is inappropriate and an abuse ofjudicial authority. We have not received an answer from applicant.            Applicant, while employed as a driver unloader on January 10, 2012, sustained an industrial injury to his back, legs and abdomen. The parties filed a Compromise and Release (C&R) on July 15, 2013. The WCJ issued an Order Requiring Response and Action and Suspending Approval Concerning Compromise and Release, requiring additional medical evaluation. The parties filed additional medical evaluations.            On April 7, 2014, the parties filed an amended C&R. The amended C&R provides for payment to applicant of $25,000.00, less $5,914.29 in permanent disability advances, less an attorney’s fee of $3,750.00, leaving a net recovery of $15,335.71. On April 23, 2014, the WCJ filed a letter declining to consider the adequacy of the amended C&R and ordering further evaluation.            We have reviewed the record herein, including the medical reports and evaluations that have been filed by the parties. On the basis of our review, we have determined that the amended C&R is adequate. ,             Therefore, we grant defendant’s Petition for Removal, rescind the Order dated April 23, 2014, and approve the amended

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