DAREUS DAWSON, Applicant vs. EAH, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, administered by BROADSPIRE, Defendants
ADJ number
ADJ12964895
Decision date
May 9, 2023
District office
Oakland
WCJ
Tammy Homen
Claim administrator
Broadspire (administering for Travelers Property Casualty Company of America)
Commissioners
—
Injury / body parts: left hand
CCR §10700
Summary
Applicant Dareus Dawson, a maintenance technician, sustained an admitted left hand injury on December 6, 2019, and executed a Compromise and Release on July 20, 2021, which the WCJ approved on August 5, 2021. The settlement was based on the PQME report of Dr. William Brose, which the WCJ found to constitute substantial evidence and the settlement adequate. After his bank account was levied for unpaid child support, Dawson dismissed his attorney and filed a Petition to Set Aside the C&R approximately 384 days after the Order Approving issued, claiming he never agreed to it and his rights were not explained. The WCJ denied the petition, finding Dawson not credible due to inconsistencies between his testimony and his Petition, and that his attorney had reviewed the settlement and exerted no undue influence. The Appeals Board adopted and incorporated the WCJ's report and denied reconsideration.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.