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PanelLienDismissed

Shotwell, Immanuel

IMMANUEL SHOTWELL, Applicant vs. SWIFT TRANSPORTATION (Permissibly Self-Insured); administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number: ADJ11021104
Decision date: Jun 13, 2023
District office: Bakersfield
WCJ: —
Claim administrator: Gallagher Bassett Services, Inc. (administering for Swift Transportation, permissibly self-insured)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: ankle, back, neck, knee

LC §5803CCR §10700CCR §10803

Summary

Applicant Immanuel Shotwell, in pro per, sought reconsideration of a June 14, 2023 Order Approving Compromise and Release (OACR) settling his April 7, 2017 industrial injury claim against Swift Transportation (self-insured, administered by Gallagher Bassett). Applicant argued the C&R was procured by fraud because it listed an incorrect social security number, the settlement amount was inadequate given his age (51) and permanent injuries, and he wanted new discovery for future medical care and long-term disability. The WCJ approved the C&R via walk-through without holding a hearing or creating a record reflecting the parties' understanding of the agreement. The Board dismissed the Petition for Reconsideration as premature and returned the matter to the trial level, directing the WCJ to treat the petition as one to set aside the OACR and to set a hearing so a complete record could be developed.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.