WCPanelIQ
PanelLienGranted

Armando Gaeta — ADJ10239329

ARMANDO GAETA, Applicant vs. CASPER’S COMPANY; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ10239329
Decision date
May 25, 2021
District office
Van Nuys
WCJ
—
Claim administrator
Zurich American Insurance Company
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5001LC §5002CCR §10700

Summary

The WCJ had found that applicant Armando Gaeta required ongoing in-patient supportive care to cure and relieve the effects of his industrial injury. Defendant Zurich American Insurance Company petitioned for reconsideration, which the Board granted to further study the issues. While reconsideration was pending, the parties participated in a commissioners' settlement conference and reached a Compromise and Release for $5,150,000, with portions funding a Medicare set aside trust, an annuity in lieu of permanent total disability, an annuity for supervised care and non-Medicare medical expenses, attorneys' fees, and a lump sum to applicant. Applicant's adult daughter was appointed Guardian ad Litem and Trustee and signed the C&R on his behalf. The Board found the settlement adequate and in applicant's best interest, rescinded the September 17, 2020 Findings of Fact and Orders, and approved the Compromise and Release.

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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