MELISSA KEEFER, Applicant vs. ELK GROVE UNIFIED SCHOOL DISTRICT, SCHOOLS INSURANCE AUTHORITY, Defendants
ADJ number
ADJ10914052
Decision date
Oct 10, 2022
District office
Sacramento
WCJ
—
Claim administrator
Schools Insurance Authority
Commissioners
—
Injury / body parts: neck, back, psyche, head, mouth, arm, hand, abdomen, brain, jaw, body systems, chest, trunk, thorax, thoracic spine, heart, lungs, arteries, bilateral shoulders, nervous system, circulatory system, left carotid artery, excretory system, respiratory system
LC §5803LC §139.5
Summary
Applicant Melissa Keefer, a para educator injured on January 26, 2017 when knocked down by a student, settled her claim via a Compromise and Release for $40,000, approved January 9, 2019. After dismissing her attorney, she filed a Petition to Reopen on May 28, 2021, alleging fraud and duress in procuring the settlement. The WCJ found the WCAB had jurisdiction under Labor Code section 5803 because the petition was filed within five years of the date of injury, but found no good cause to reopen or set aside the C&R. The WCAB denied reconsideration, adopting and incorporating the WCJ's report and giving great weight to the WCJ's credibility determination under Garza.
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.