WCPanelIQ
PanelDenied

Joshua Crump — ADJ12206396

JOSHUA CRUMP, Applicant vs. O’REILLY AUTO PARTS; SAFETY NATIONAL INSURANCE COMPANY administered by CORVEL, Defendants

ADJ number
ADJ12206396
Decision date
Aug 18, 2021
District office
Santa Ana
WCJ
Laura Mendivel
Claim administrator
CorVel (administering for Safety National Insurance Company)
Commissioners
—

Injury / body parts: head

LC §5904LC §5803LC §5804LC §5903LC §5952LC §5001CCR §10955CCR §10843CCR §10700CCR §10770CCR §10882CCR §10788

Summary

Applicant Joshua Crump sustained an admitted head injury on March 29, 2018, while working as a delivery driver for O'Reilly Auto Parts. The parties entered a Compromise and Release for $4,500, approved on August 7, 2019, but no medical reports were filed with the C&R despite relevant records existing at the time. After substituting counsel, applicant filed a Petition to Reopen, and the WCJ found good cause to set aside the Order Approving Compromise and Release (OACR) based on procedural defects under CCR 10700 and the inadequacy of the settlement for an admitted head injury. Defendant petitioned for reconsideration/removal. The Appeals Board, treating the petition under the removal standard because the defendant challenged only an interlocutory finding (good cause to set aside the OACR), denied the petition, adopting the WCJ's Report and Opinion on Decision.

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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