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PanelQMEDenied

Hernandez, Elias

ELIAS HERNANDEZ, Applicant vs. BLUE ARC ELECTRIC, INC.; OHIO SECURITY INSURANCE COMPANY/LIBERTY MUTUAL, Defendants

ADJ number: ADJ16687708
Decision date: Dec 29, 2025
District office: San Francisco
WCJ: Lawrence A. Keller
Claim administrator: Liberty Mutual (Ohio Security Insurance Company)
Commissioners: —

Injury / body parts: head, neck, upper back, mid back, lower back, hips, groin/private parts, brain, thorax

LC §5909LC §5900LC §5803LC §5804LC §5705

Summary

Unrepresented applicant Elias Hernandez settled his workers' compensation claim via Compromise and Release for $97,010.00 at an expedited hearing on March 12, 2025, with an Amended Order Approving signed March 13, 2025. Hernandez subsequently filed a letter expressing dissatisfaction, which the WCJ treated as a petition to set aside the C&R for duress and undue influence. After an evidentiary hearing, the WCJ found no good cause to set aside the settlement, concluding that the applicant's claims of pressure stemmed from his financial circumstances and post-settlement regret rather than legally cognizable undue influence or duress. The Appeals Board adopted the WCJ's Report and denied reconsideration, also addressing timeliness under newly amended Labor Code section 5909.

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.