WCPanelIQ
PanelDenied

Barbara Armbrust — ADJ166453

BARBARA ARMBRUST, Applicant vs. SUTTER SELECT; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ166453
Decision date
Feb 13, 2023
District office
Santa Rosa
WCJ
Katie F. Boriolo
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: neck, bilateral wrists, bilateral arms

LC §5904LC §5502LC §5002LC §5003LC §5001CCR §10843CCR §10955

Summary

Applicant Barbara Armbrust sustained a cumulative industrial injury through May 13, 2002 to her neck, bilateral wrists, and bilateral arms while working for Sutter Connect Human Resources. In anticipation of an MSC, the parties exchanged emails on August 30, 2021 discussing a potential Compromise and Release for $280,000, contingent on CMS approval of a proposed MSA and Board approval. No C&R was ever drafted, signed, or approved, and CMS later approved a larger MSA amount ($17,927) than anticipated. The WCJ found no valid or enforceable settlement agreement existed under Labor Code §§5002 and 5003, and the WCAB denied the Petition for Reconsideration, applying the removal standard because the petitioner challenged only an interlocutory finding. The Board adopted the WCJ's report finding no meeting of the minds and no executed C&R.

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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