Latoya Martin — ADJ14257977

Applicant Latoya Martin, acting in pro per, sought reconsideration of an Order Approving Compromise and Release (OACR) issued March 18, 2024, contending she did not intend to release her right to future medical treatment when she signed the C&R. The C&R identified only the left foot and left ankle in Paragraph 1, despite QME Dr. Ehya's reporting addressing the left foot, left ankle, left knee, and right knee, and applicant alleged she needs an additional ankle surgery costing over $26,000. The Board found that because no hearing had been held, the WCJ had not assessed applicant's understanding of the settlement or her knowledge of and intent to release future medical benefits. The Board dismissed the Petition as premature and returned the matter to the trial level, recommending the WCJ treat the Petition as one to set aside the OACR and create a record. The decision also addressed the Board's timely action under amended Labor Code section 5909 and cautioned the former attorney about disclosing privileged communications.