WCPanelIQ
PanelRemanded

Arnoldo Martinez — ADJ10247642

ARNOLDO MARTINEZ, Applicant vs. YOUNG HEE SUNG; THE HARTFORD, Defendants

ADJ number
ADJ10247642
Decision date
Mar 29, 2022
District office
Los Angeles
WCJ
—
Claim administrator
The Hartford
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER
LC §3861

Summary

Applicant Arnoldo Martinez sustained an industrial injury on November 2, 2015, while employed by Young Hee Sung, who was insured by The Hartford. On October 4, 2021, the WCJ found the injury was caused 50% by the negligence of the employer, requiring The Hartford to pay $375,000 in benefits to or on behalf of applicant before taking its credit under Labor Code section 3861 for applicant's third-party recovery. The Hartford petitioned for reconsideration, contending the WCJ erred in finding employer negligence. While reconsideration was pending, the parties participated in a commissioners' settlement conference and filed a fully executed Compromise and Release on March 28, 2022. The Board rescinded the October 4, 2021 Findings and Award and remanded the matter to the WCJ to consider the Compromise and Release, expressly declining to rule on the merits of the petition.

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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