Jamison, Joshlyn

Joshlyn Jamison, an unrepresented telemarketer, claimed a December 20, 2022 industrial injury to her respiratory system, circulatory system, and stress, and entered into a $5,000 Compromise and Release with State Compensation Insurance Fund that was approved by the WCJ on June 12/18, 2024 without a hearing. Applicant sought reconsideration, contending she only intended to settle her claim for $5,000 and not release her job, that she suffered harassment and retaliatory termination upon returning to work, and she subsequently filed a Labor Code section 132a discrimination petition. The WCJ recommended granting the petition and returning the matter for a hearing on good cause to set aside the OACR, noting that the C&R had check marks (but no initials) next to all issues including 132a discrimination, an inconsistency between body parts listed (psyche vs. stress), and a QME waiver that the unrepresented applicant may not have understood. The Appeals Board dismissed the petition so the WCJ could treat it as a petition to set aside and conduct further proceedings. The Board emphasized contract principles, the duty to inquire into the adequacy of C&R agreements to protect injured workers, and the unrepresented applicant's need for a QME evaluation.