WCPanelIQ
PanelDismissed

Mahan, Gerard

GERARD MAHAN, Applicant vs. A-1 GUARANTEE ROOFING; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ3214075
Decision date
Sep 22, 2025
District office
Long Beach District Office
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: left eye

LC §5909LC §5900LC §5502LC §5313CCR §10964CCR §10600CCR §10761CCR §10803

Summary

Applicant Gerard Mahan, in pro per, sustained a left eye injury while working as a roofer in 1985 and settled for 30½% permanent disability ($17,325) via Stipulations with Request for Award in 1986, with future medical care left open. In April 2025, the parties entered a Compromise and Release to settle remaining issues for $45,000, deducting $17,325 in PD advances and $3,491.97 for a Medicare Set Aside; the WCJ approved the OACR on June 18, 2025. Applicant sought reconsideration disputing the $17,325 PD deduction. The Board found a hearing was necessary because there was no evidence in the record (including no benefits printout showing PD payments) supporting applicant's contentions or the deduction. The Board dismissed the Petition for Reconsideration and returned the matter to the trial level to treat the petition as one to set aside the OACR and create a complete record.

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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