Tamara Steinhoff vs. Delta Dental; Liberty Mutual Insurance Company

In this case, Tamara Steinhoff was seeking reconsideration of a decision by the Workers' Compensation Appeals Board that she had been fully paid all the benefits owed to her under the Stipulations resolving her cases. The Board found that the parties had not intended to consolidate the awards, and that the defendant had not paid the $26,979.00 due under the Award in Case No. ADJ9616784. The Board granted the Petition for Reconsideration and ordered the defendant to pay the applicant the $26,979.00 due under the Award in Case No. ADJ9616784.

Delta Dental; Liberty Mutual Insurance Company Tamara Steinhoff WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATAMARA STEINHOFF, Applicant,vs.DELTADENTAL; LIBERTY MUTUAL INSURANCE COMPANY, Defendants.Case Nos. ADJ9616784ADJ9616783ADJ7576247ADJ7880599 (Sacramento District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Findings of Fact issued on February 14, 2018 by the workers’ compensation administrative law judge (WCJ), wherein the WCJ found that applicant had been fully paid all the benefits owed to her under the Stipulations resolving her cases, because overpayments in one case could be credited against underpayments in other cases. Applicant argues that each case was resolved separately, and therefore that she is still owed an additional $26,979.00 based upon her settlement in Case No. ADJ9616784.            We received an Answer from defendant. We also received a Report and Recommendation on Petition for Reconsideration from the WCJ, recommending the petition be denied. We have considered the allegations of the Petition for Reconsideration, the Answer, and the contents of the Report with respect thereto. Based on our review of the record, and for the reasons expressed below, we will grant reconsideration, rescind the judge’s order, and substitute a new order finding applicant is still owed payment on the settlement of her claim in Case No. ADJ9616784.FACTUAL BACKGROUND            Applicant filed five applications for adjudication claiming injuries sustained to multiple body parts while employed by defendant. One of these five claims, Case No. ADJ7572378, was dismissed at an early stage in the litigation.            On April 12, 2017, the parties executed Stipulations resolving the remainder of applicant’s cases. Applicant agreed to dismiss Case No. ADJ9616783 with prejudice. (See Stipulation and Award and/or , Order, Case. No. ADJ9616783, at p. 1.) Th

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