Villicana, Vicente

Applicant Vicente Villicana entered into a Compromise and Release settling two cumulative/specific injury claims for $73,750.00, less credits for permanent disability advances (PDAs), attorney fees, and a Medicare set-aside. After the OACR issued (and was later amended to increase the MSA), defendant only paid applicant $21,432.62, withholding additional sums by treating $22,412.86 in earlier-paid permanent disability as creditable PDAs even though the settlement documents and stipulations fixed the PDA credit at $8,831.02. The WCJ found the WCAB lacked jurisdiction under Labor Code section 5804 to act on applicant's petition to rescind the OACR. On reconsideration, the Board held that the petition was properly one to enforce the OACR, not to rescind it, and that section 5804's five-year limitation does not constrain the Board's power to enforce awards. The Board rescinded the F&O and found applicant entitled to the full $43,845.48 balance, ordering defendant to pay the remaining $22,412.86 plus penalties and interest.