WCPanelIQ
PanelDenied

Vazquez, Luz

LUZ VAZQUEZ, Applicant vs. PITMAN FAMILY FARMS, permissibly self-insured, and self-administered, Defendant

ADJ number
ADJ12932798
Decision date
Jan 20, 2025
District office
Fresno
WCJ
—
Claim administrator
Pitman Family Farms (permissibly self-insured and self-administered)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: left shoulder

LC §5909LC §5900CCR §10600

Summary

Applicant Luz Vazquez sustained an industrial left shoulder injury on April 9, 2019, and settled her claim via Compromise and Release. The C&R, signed September 20, 2022, deducted $15,000 for permanent disability advances (PDAs) through June 16, 2022, but defendant continued paying PDAs totaling $9,031.43 until the settlement was approved in January 2023. The WCJ found defendant entitled to credit for these additional PDAs, and applicant sought reconsideration arguing the prior denial of defendant's petition to set aside was res judicata, that the parties had agreed to stop PDAs, and that the C&R lacked a credit clause. The Board denied reconsideration, holding that the standard C&R paragraph 7 form language expressly allows credit for further PDAs made after the stated date (June 16, 2022), that no agreement to stop payments existed since applicant continued cashing checks, and that the credit issue was distinct from the set-aside petition. Penalty/interest/fee arguments were rejected as not properly before the Board.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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