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PanelLienDismissed

Wright, Kimberly

KIMBERLY WRIGHT, Applicant vs. WALMART INC; ACE AMERICAN INSURANCE COMPANY; SEDGWICK EL DORADO HILLS, Defendants

ADJ number: ADJ20506369
Decision date: Sep 1, 2025
District office: Riverside
WCJ: —
Claim administrator: Sedgwick (El Dorado Hills); ACE American Insurance Company
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §5909LC §5900LC §5313CCR §10600CCR §10888

Summary

Defendant Walmart (through Sedgwick/ACE) sought reconsideration of an Order Approving Compromise and Release issued June 24, 2025, arguing that applicant Kimberly Wright's simultaneous receipt of temporary disability and EDD benefits for the same period constituted a prohibited double recovery under Sea-Land Service, Inc. v. WCAB. The WCJ recommended denial or, alternatively, remand to address adequacy, mutual mistake, and the existence of an EDD lien not mentioned in the C&R. The Board first confirmed its timely action under amended Labor Code section 5909, then found that the record needed development regarding defendant's claim that the OACR was inequitable. Rather than grant reconsideration, the Board dismissed the Petition as premature and returned the matter to the trial level to be treated as a petition to set aside the OACR.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.