WCPanelIQ
PanelQMEMed-legalGranted in Part

Ayala Flores, Socorro

SOCORRO AYALA FLORES, Applicant vs. G&H SUPPLY COMPANY, LLC; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ17251670
Decision date
Jul 23, 2024
District office
Oxnard
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: neck, eyes, bilateral shoulders, bilateral arms, bilateral hands

LC §4658.7LC §139.5LC §4658.5LC §3600LC §5412LC §5000LC §5100

Summary

State Compensation Insurance Fund sought reconsideration of a WCJ's Findings and Order rejecting a $30,000 Compromise and Release because it included a Beltran waiver of the Supplemental Job Displacement Benefit (SJDB) voucher, which the WCJ found was superseded by Labor Code section 4658.7(g). The WCAB granted reconsideration but amended the decision while still upholding rejection of the C&R as inadequate. The Board declined the WCJ's invitation to issue an en banc decision on whether Beltran is superseded, finding it unnecessary because the voucher settlement failed under both section 4658.7(g) and Beltran itself. The Board reasoned there were insufficient facts to establish a serious and good faith issue justifying a release, particularly because the post-termination defense under section 3600(a)(10) could not be evaluated without a section 5412 date of injury determination, and applicant's 3% WPI plus the lack of a work offer entitled her to a voucher.

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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