Fernando Muniz Villalpando — ADJ7950339, ADJ2396484

Applicant suffered industrial back, neck, and shoulder injuries in 2002, and all three cases were resolved by a Compromise and Release with an Order Approving issued August 24, 2011, which included a Medicare Set-Aside (MSA) account funded by a structured annuity purchased by SCIF and administered by a professional administrator, Bridge Pointe/NuQuest. Applicant, intending to permanently relocate to Mexico, sought to self-administer the MSA. The WCJ denied the request, finding the WCAB lacked jurisdiction because more than five years had passed (Lab. Code § 5804) and applicant had not shown fraud or extrinsic mistake, and that self-administration was not in his best interest. On reconsideration, the Appeals Board rescinded the F&O, holding that changing the MSA administrator is a ministerial act—not a modification of the award—and is therefore permitted under section 5803 beyond the five-year period, that applicant is competent to self-administer, and that Medicare's interests were considered. The Board granted self-administration and remanded for further proceedings.