WCPanelIQ
PanelGranted in Part

Clay, Diane

DIANE CLAY, Applicant vs. COUNTY OF LOS ANGELES, permissibly self-insured, administered by SEDGWICK, Defendants

ADJ number
ADJ13069105
Decision date
Apr 14, 2024
District office
Los Angeles
WCJ
Daniel A. Dobrin
Claim administrator
Sedgwick
Commissioners
—

Injury / body parts: psyche, right foot, wrists, head/headaches, cervical spine, gastrointestinal system, teeth/dental, hypertension, left shoulder

LC §5803CCR §10773

Summary

Applicant Diane Clay, an intermediate typist clerk, entered into a 'package' settlement on 5/23/19 resolving four cases via two stipulated awards (32% PD and 0% PD) and a joint Compromise and Release for $5,000. She quickly sought to undo the settlements, speaking with an I&A officer the next day and filing reconsideration petitions seven days later. After a two-day trial, the WCJ found good cause to set aside all settlements based on undue influence and procedural irregularities (including undisclosed use of an unlicensed hearing representative by one law firm), and crafted provisions to facilitate defendant's recovery of $32,597.50 already paid. The WCAB granted reconsideration, adopted the WCJ's Report except for the credit/reimbursement discussion, rescinded the November 1, 2023 F&O, and substituted a new F&O that upheld rescission of all settlements but deferred the issue of credit.

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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