ANA ROMERO, Applicant vs. BERBERIAN ENTERPRISES, INC. dba JON’S MARKETPLACE, and AMERICAN ZURICH INSURANCE COMPANY, administered by ZURICH NORTH AMERICA, Defendants
ADJ number
ADJ10439566
Decision date
Feb 2, 2021
District office
Van Nuys
WCJ
—
Claim administrator
Zurich North America (administering American Zurich Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
Applicant Ana Romero settled a cumulative trauma claim (neck, upper extremities, shoulders, lower extremities, wrists, feet/ankles, with psych and stress struck) via a Compromise and Release approved on April 9, 2018. She later filed a DOR claiming entitlement to benefits for a low back injury arising from the same employment. The WCJ found the low back claim barred by the C&R and issued a Notice of Intention to sanction applicant's counsel, ultimately imposing $2,250 in sanctions and $3,744 in defense attorney fees. The WCAB granted reconsideration and rescinded both the F&O and the sanctions Order, holding that because the C&R did not identify or include the low back as an injured body part—and the parties affirmatively edited the document by striking other body parts and the broad discharge language—the low back claim was not barred. The matter was remanded to the WCJ for further proceedings and a new decision.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.