LOS ANGELES METROPOLITAN TRANSIT AUTHORITY, Permissibly Self-Insured, SHARON HOUFF (SHARON PRATT-HOUFF), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHARON HOUFF (SHARON PRATT-HOUFF), Applicant,vs.LOS ANGELES METROPOLITAN TRANSIT AUTHORITY, Permissibly Self-Insured, Defendant(s).Case No. ADJ4355491 (AHM 0147293)ADJ2676854 (AHM 0150206)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, on her own behalf,’ seeks reconsideration of the Joint Order Approving Compromise and Release (OACR) issued by a workers’ compensation administrative law judge (WCJ) on July 7, 2009. The Compromise and Release (C&R) resolved both of applicant’s cumulative bilateral shoulder injuries; the first is from October 2, 2006 through May 4, 2007 (ADJ4355491 (AHM 0147293)), and the second, from November 4, 2007 through February 7, 2008 (ADJ2676854 (AHM 0150206)). Of the total settlement sum of $110,000.00, applicant was to be paid the sum of $90,500.00 after deduction of $16,500.00 for her attorney’s fee and $3,000.00 for permanent disability advances made by defendant. The settlement included temporary disability, permanent disability, apportionment and future medical treatment, among other issues. In her Petition for Reconsideration, applicant contends, in essence, that the settlement is not adequate in that it does not include consideration for penalty, future medical treatment, retraining and medical transportation expenses. She argues that she was taking strong pain medication and was confused at the time the C&R was negotiated and signed. Defendant filed an Answer. 1Applicant filed a “Notice of Dismissal of Attorney” on July 15, 2009, and is no longer represented by an attorney. , We have considered the allegations of applicant’s Petition for Reconsideration, defendant’s Answer and the contents of the record, including the WCJ’s Report and Recommendation on Petition for Reconsideration (Report).
Sharon Houff (sharon Pratt-houff), vs. Los Angeles Metropolitan Transit Authority, Permissibly Self-insured,
In this case, Sharon Houff (Sharon Pratt-Houff) is seeking reconsideration of a Joint Order Approving Compromise and Release (OACR) issued by a workers' compensation administrative law judge (WCJ) on July 7, 2009. The Compromise and Release (C&R) resolved both of applicant's cumulative bilateral shoulder injuries. The settlement included temporary disability, permanent disability, apportionment and future medical treatment, among other issues. The Workers' Compensation Appeals Board granted reconsideration, rescinded the July 7, 2009 OACR and returned the matter to the trial level for further development of the record regarding applicant's right shoulder and such further proceedings as deemed necessary by the WCJ.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ4355491
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