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PanelDismissed

Nestor Villa — ADJ15017008

NESTOR VILLA, Applicant vs. V.S. MANAGEMENT FIRM, INC. DBA LOVING CARE FACILITY FOR THE ELDERLY; BENCHMARK INSURANCE administered by BENCHMARK ADMINISTRATORS, Defendants

ADJ number: ADJ15017008
Decision date: Sep 5, 2022
District office: Van Nuys
WCJ: —
Claim administrator: Benchmark Administrators (administering Benchmark Insurance)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: back, spine, bilateral shoulders, bilateral extremities

CCR §10700CCR §10803

Summary

Applicant Nestor Villa, in pro per, sought reconsideration of a June 17, 2022 Order Approving Compromise and Release (OACR), claiming that his attorney failed to delete a settlement entry stipulating he was not entitled to an SJDB voucher, and that he signed the C&R without further medical evaluation. The WCJ had approved the $24,750 settlement without holding a hearing, and no Minutes of Hearing or Summary of Evidence existed in the record. The Board found that because no hearing was held, the WCJ could not assess the parties' understanding of the C&R and there was an incomplete record for review. The Board dismissed the Petition as premature and returned the matter to the trial level, recommending the WCJ treat the Petition as one to set aside the OACR and set a hearing to develop a proper record.

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.