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PanelDismissed

Besana, Sveva Margherita

SVEVA MARGHERITA BESANA, Applicant vs. YP HOLDINGS LLC; AMERICAN ZURICH INSURANCE; AIG CLAIMS/THIRD PARTY ADMINISTRATOR, Defendants

ADJ number: ADJ13873540
Decision date: Nov 29, 2023
District office: Los Angeles
WCJ: —
Claim administrator: AIG Claims/Third Party Administrator; Gallagher Bassett AIG West
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: nervous system, psyche (stress/psych)

LC §5803LC §5814CCR §10700CCR §10803

Summary

Applicant Sveva Margherita Besana, acting in pro per, sought reconsideration of an Order Approving Compromise and Release (OACR) issued by the WCJ on September 21, 2023, on the ground that the OACR was procured by fraud. The C&R settled a claimed cumulative psychiatric/nervous system injury for $35,000, and applicant argued it should be augmented by a $10,000 penalty under Labor Code section 5814 for a late payment. The WCJ approved the C&R without holding a hearing. The WCAB found that because no hearing was held and no complete record was created assessing the parties' understanding of the agreement, the Petition was premature. The Board dismissed the Petition and returned the matter to the trial level with a recommendation that the WCJ treat the Petition as one to set aside the OACR and conduct a hearing.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.