WCPanelIQ
PanelRemanded

Ana Romero — ADJ10439566

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

Injury / body parts: low back, lumbar spine, neck, bilateral upper extremities, bilateral shoulders, bilateral lower extremities, bilateral wrists, bilateral hands, bilateral feet/ankles, psyche

LC §5900LC §5903LC §5813LC §5311CCR §10605CCR §10940CCR §10615CCR §10845CCR §10507CCR §10840CCR §10392CCR §10961CCR §10421CCR §10960

Summary

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 The WCAB granted reconsideration and rescinded both the F&O and the sanctions Order, holding that because the C&R did not identify or include the low back as an injured body part—and the parties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

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.