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John Grasso — ADJ8375750, ADJ8375707

JOHN GRASSO, Applicant vs. COUNTY OF ALAMEDA, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendant

ADJ number
ADJ8375750, ADJ8375707
Decision date
Nov 15, 2021
District office
Oakland
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administrator for permissibly self-insured County of Alameda)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: low back

LC §5001LC §5002CCR §10700

Summary

Applicant John Grasso, a deputy sheriff, petitioned for reconsideration of a June 3, 2021 Joint Findings and Order in which the WCJ found no good cause to reopen his two claims (a specific June 9, 2011 low back injury and a cumulative trauma ending June 1, 2011) for new and further disability, after the parties had stipulated in 2015 to 52% permanent partial disability. The Board granted reconsideration to study the issues, then directed the parties to a commissioners' settlement conference where they resolved the matter via Compromise and Release for $42,500 (less a $4,250 attorney fee, leaving $38,250 to applicant). The Board reviewed the C&R under Labor Code sections 5001 and 5002 and WCAB Rule 10700 and found the settlement adequate and in applicant's best interest, including consideration that death benefits rights were being released. The Board rescinded the WCJ's Joint Findings and Order and approved the Compromise and Release, issuing an award accordingly.

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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