Patricia Hernandez — ADJ593255, ADJ1150025

Patricia Hernandez, who had obtained a 2007 Findings and Award for 100% permanent total disability with future medical care, and the defendant agreed to a structured Compromise and Release worth over $3,000,000 including direct payments, a Medicare Set-Aside, annuity funding, and resolution of a lien for care provided by applicant's son. The WCJ suspended action on the C&R, expressing concern that the settlement did not adequately protect applicant's interests without a trust into which to deposit settlement funds, and set the matter for further hearing. Applicant sought removal, arguing that a professional trustee-administered trust already existed and the C&R could be amended to deposit funds into it, and that time was of the essence to secure ongoing voluntary care. The Board granted removal, finding irreparable harm could result if approval was delayed since care was being provided voluntarily pending settlement. The Board rescinded the suspending order and directed the parties to file an amended C&R with trust provisions directly with the Office of the Commissioners for prompt approval.