WCPanelIQ
PanelDismissed

Reyes, Ruben

RUBEN REYES, Applicant vs. BRIGHTVIEW LANDSCAPES LLC, insured by ACE AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ18359573
Decision date
May 12, 2024
District office
Lodi
WCJ
—
Claim administrator
ACE American Insurance Company
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: left middle finger, left ring finger, left hand, left wrist

LC §5803LC §5804LC §5702LC §5701LC §5906LC §5313CCR §10700

Summary

Ruben Reyes, a gardener who suffered amputation of his left middle and ring fingers, sought reconsideration of an Order Approving Compromise and Release (OACR) issued March 14, 2024. His petition was handwritten in Spanish and never translated, applicant filed it himself despite being represented, and he was absent from related hearings. The Board found the record inadequate to determine whether applicant understood or intended the settlement, raising concerns about whether a valid contract was formed. The Board dismissed the Petition as premature and returned the matter to the trial level, recommending the WCJ treat it as a petition to set aside the OACR and hold a hearing to assess applicant's understanding, contract formation, and adequacy of the settlement.

Issues

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Holding

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Analysis

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Defense takeaway

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