WCPanelIQ
PanelDismissed

Rojas, Lucio

LUCIO ROJAS, Applicant vs. 801 SOUTH LOS ANGELES STREET LLC; EMPLOYERS ASSURANCE COMPANY, Defendants

ADJ number
ADJ15075519
Decision date
Sep 17, 2023
District office
Los Angeles
WCJ
—
Claim administrator
Employers Assurance Company
Commissioners
JOSEPH V. CAPPURO, COMMISSIONER, NATALIE PALUGYAI, COMMISSIONER

Injury / body parts: multiple body parts (cumulative injury - various body parts), psyche

LC §3600LC §5803LC §5702CCR §10700CCR §10803

Summary

Applicant Lucio Rojas, acting in pro per after dismissing his attorney, sought reconsideration of an Order Approving Compromise and Release (OACR) approving a $25,000 C&R that closed out future medical treatment. The OACR was signed March 14, 2023 and issued March 16, 2023, while applicant's Petition was filed July 19, 2023, making it untimely and unverified. Applicant, a Spanish-only speaker, argued he did not understand the settlement and was not informed by counsel that future medical care would be closed out. The WCAB declined to dismiss on timeliness grounds and instead dismissed the Petition as premature, finding that an evidentiary hearing was required to assess whether there was a true meeting of the minds. The Board remanded with instructions to treat the Petition as one to set aside the OACR and to develop a complete record.

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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