WCPanelIQ
PanelQMEDismissed

Ali, Amed Nagi

AMED NAGI ALI, Applicant vs. CROWN BUILDING MAINTENANCE (Permissibly Self-Insured); administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ10787820
Decision date
Aug 28, 2023
District office
San Francisco
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc. (administering for Crown Building Maintenance, Permissibly Self-Insured)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: teeth, ear, eye, arms, chest, shoulders, neck, upper extremities, psyche

LC §5803CCR §10700CCR §10803

Summary

Applicant, a janitor proceeding in pro per, signed a Compromise and Release (C&R) settling two claimed injuries (specific injuries of January 27, 2017 and August 9, 2017) for $30,000, which the WCJ approved on August 25, 2022 without holding a hearing. Applicant petitioned for reconsideration, arguing the settlement amount was inadequate and did not cover all his injuries. The Board found the petition premature because the WCJ had not held a hearing or developed a record on the basis of the parties' understanding, and noted the C&R itself was deficient because it used vague language like '999; ANY AND ALL PER APPLICATION AND CLAIM FORM' instead of identifying specific body parts. The Board vacated its prior order granting reconsideration, dismissed the petition as premature, and returned the matter to the trial level to treat applicant's 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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