Robyn Johnston — ADJ12027044

Defendant (The Permanente Medical Group, self-insured, administered by Athens Administrators) sought reconsideration of an Order Approving Compromise and Release, arguing that applicant's attorney made a unilateral mistake of contract interpretation and that only $4,415.26 in 'new' attorney's fees was owed rather than the $23,957.63 stated in the C&R. The Board denied the petition, finding the C&R terms were unequivocally clear on their face. The C&R settled the claim for $290,000.00 in new money, with a 15% fee equaling $43,500.00, less the prior $19,542.37 fee from earlier Stipulations, yielding $23,957.63. The Board further noted that the petition did not allege any of the grounds for reconsideration under Labor Code section 5903 and was procedurally improper. The Board directed that the WCJ may consider sanctions and/or penalties on return to the trial level.