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PanelGranted

Mario Acosta — ADJ1565410, ADJ1916013

MARIO ACOSTA, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number
ADJ1565410, ADJ1916013
Decision date
Jul 28, 2022
District office
Salinas
WCJ
—
Claim administrator
Subsequent Injuries Benefits Trust Fund
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
LC §5001LC §5002LC §5003CCR §10700

Summary

Applicant Mario Acosta petitioned for reconsideration of a WCJ's Findings and Award issued February 10, 2022, in his claim against the Subsequent Injuries Benefits Trust Fund (SIBTF). The Appeals Board granted reconsideration to study the factual and legal issues. Following a commissioners' settlement conference set at the Board's request, applicant and SIBTF resolved the claim by Compromise and Release filed July 26, 2022. After reviewing the agreement against the entire record and the risks of further litigation, the Board concluded the settlement amount was adequate and in applicant's best interest, and that the requested attorneys' fee was reasonable. The Board rescinded the WCJ's Findings of Fact and Order and approved the Compromise and Release, making an award in favor of applicant.

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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