WCPanelIQ
PanelDenied

Adalberto Urias — ADJ10286214

ADALBERTO URIAS, Applicant vs. PT GAMING, LIMITED LIABILITY COMPANY; MITSUI SUMITOMO INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INCORPORATED, Defendants

ADJ number
ADJ10286214
Decision date
Mar 8, 2021
District office
Long Beach
WCJ
—
Claim administrator
Gallagher Bassett Services, Incorporated (administering Mitsui Sumitomo Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: right hand

LC §4658.7LC §4658LC §3202LC §5903LC §5952LC §5100LC §5100.6LC §5000CCR §10133

Summary

Applicant Adalberto Urias, a gaming table associate, claimed a cumulative trauma injury (Sept. 4, 2014 to Sept. 4, 2015) and settled his claim via Compromise and Release (C&R). The dispute was whether the C&R settled or the applicant's voluntary resignation abrogated his entitlement to a Supplemental Job Displacement Benefit (SJDB) voucher. The WCJ found applicant retained his right to the voucher, and defendant petitioned for reconsideration. The Board affirmed, holding the SJDB voucher was not settled (the relevant box on the C&R was unchecked and Labor Code section 4658.7(g) prohibits its settlement) and that voluntary resignation does not preclude voucher entitlement under Dennis v. State of California. Chair Zalewski concurred in part and dissented in part to disavow Beltran v. Structural Steel Fabricators, arguing the voucher can never be settled under any circumstances.

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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