WCPanelIQ
PanelMed-legalLienGranted

Capiz Navarro, Nemesia

NEMESIA CAPIZ NAVARRO, Applicant vs. THE SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendant

ADJ number
ADJ3525949
Decision date
Jan 8, 2024
District office
Oakland
WCJ
—
Claim administrator
Subsequent Injuries Benefits Trust Fund
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
LC §5001LC §5002LC §5003CCR §10700

Summary

Applicant Nemesia Capiz Navarro filed a claim against the Subsequent Injuries Benefits Trust Fund (SIBTF). After applicant petitioned for reconsideration of the WCJ's July 18, 2023 Findings of Fact and Order, the WCAB granted reconsideration to study the factual and legal issues. The parties subsequently participated in a commissioners' settlement conference and resolved the claim by Compromise and Release filed January 3, 2024. The Board reviewed the C&R for adequacy under Labor Code sections 5001-5003 and WCAB Rule 10700(b), concluding that the settlement amount was adequate and in applicant's best interest, and that the requested attorney's fee was reasonable. The Board rescinded the WCJ's prior decision, approved the C&R, and made an award in favor of applicant.

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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