WCPanelIQ
PanelQMEMed-legalDismissed

Fakhouri, Mina

MINA FAKHOURI, Applicant vs. PARSONS TRANSPORTATION, INC; AIU INSURANCE NEW YORK administered by GALLAGHER BASSETT AIG WEST FOLSOM, Defendants

ADJ number
ADJ18555747
Decision date
Nov 18, 2024
District office
Marina Del Rey
WCJ
—
Claim administrator
Gallagher Bassett (administering AIU Insurance New York / AIG West Folsom)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: neck, back, upper extremities, shoulders, digestive system, psyche

LC §5909LC §5900LC §5803LC §5702LC §5705LC §3202.5LC §5903LC §5952CCR §10700CCR §10870CCR §10882

Summary

Applicant Mina Fakhouri, a senior engineer claiming a cumulative injury (neck, back, upper extremities, shoulders, digestive system, and psyche) from November 17, 2017 through July 25, 2023, sought reconsideration of the June 25, 2024 Order Approving a $25,000 Compromise and Release. She contended the settlement inadequately recognized her injuries and psychological impacts. The Board noted that no QME was completed, applicant had not reached P&S status, no hearing was held, and there was no evidence the WCJ confirmed the adequacy of the settlement with applicant. Because no evidence had been admitted into the record regarding applicant's allegations, the Board found the Petition premature and dismissed it. The matter was returned to the trial level with a recommendation that the WCJ treat the Petition as a petition to set aside and hold a hearing to develop a record.

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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