MICHAEL GARCIA, Applicant vs. DEBORAH & GERALD WALBERG, insured by STATE FARM FIRE & CASUALTY COMPANY, adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants
ADJ number
ADJ3006563
Decision date
May 7, 2024
District office
Sacramento
WCJ
Christopher Brown
Claim administrator
Sedgwick Claims Management Services (adjusting for State Farm Fire & Casualty Company)
Commissioners
—
Injury / body parts: back, bilateral shoulders, neck, psyche
Applicant Michael Garcia petitioned to set aside a 2012 Joint Compromise and Release that resolved a May 2, 2007 specific injury and an April 1, 2002 through May 2, 2007 cumulative trauma to the back, bilateral shoulders, neck, and psyche for $70,000. The WCJ denied the petition to set aside the C&R, and applicant sought reconsideration alleging fraud, incompetence, and duress. The Appeals Board adopted the WCJ's Report and denied reconsideration, finding the Petition skeletal, lacking specific references to the record, and devoid of substantial medical evidence of incompetence or evidence of fraud or duress. The Board emphasized that applicant failed to meet his burden of proof by a preponderance of the evidence, and that contemporaneous hearing records showed he was clear-headed and understood the settlement terms when entered in 2011.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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