Rodriguez, Maria

Maria Rodriguez settled her low back injury claim via a Compromise and Release for a gross sum of $55,000, in which Paragraph 6 affirmatively listed permanent disability advances as '0' and Paragraph 7 listed no PDA credit, while Paragraph 9 contained the comment 'Defendant to receive credit for all PD advances, subject to proof.' After the WCJ approved the C&R (with credit for permanent disability of '$-0-'), defendant unilaterally reduced the settlement check by $18,270 for prior PD advances. The WCJ initially denied applicant's penalty/enforcement petition based on mutual mistake, but the Appeals Board rescinded that order, granting enforcement and finding defendant liable for the full $55,000 plus section 4650(d) self-imposed increases and section 5800 interest. On defendant's petition for reconsideration, the Board denied reconsideration, holding the credit was not clearly authorized, would undermine the adequacy determination, and contradicted the parties' mutual intent. Commissioner Razo dissented, favoring application of Sepulveda and substantial justice principles.