WCPanelIQ
PanelGranted in Part

Guillermo Hernandez — ADJ7803005

GUILLERMO HERNANDEZ, Applicant vs. LA CUSTOM FINISH; IMPERIUM INSURANCE; ATHENS ADMINISTRATORS, Defendants

ADJ number
ADJ7803005
Decision date
Sep 8, 2022
District office
Los Angeles
WCJ
—
Claim administrator
Athens Administrators
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: bilateral hands, bilateral wrists, psyche, lumbar spine, cervical spine, bilateral knees, right shoulder, lower gastrointestinal system, upper gastrointestinal system

LC §5001LC §5002LC §5500.5CCR §10700

Summary

Applicant Guillermo Hernandez, a painter, petitioned for reconsideration of an April 16, 2021 Findings and Award that found multiple industrial injuries and 97% permanent partial disability, contending the WCJ should have found permanent total disability. After reconsideration was granted to study the issues, the Board directed the parties to a commissioners' settlement conference, where they agreed to resolve the matter via a Compromise and Release for $630,000 in new money (less a $94,500 attorney fee) plus an open award of future medical treatment, with home health care reimbursement settled. The Board inquired into the adequacy of the C&R under Labor Code sections 5001 and 5002 and WCAB Rule 10700, found the settlement adequate and in applicant's best interest, and approved it. The Board rescinded the original Findings and Award, substituted new findings deleting the permanent disability and attorney fee findings, and approved the C&R.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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