WCPanelIQ
PanelDismissed

Vazquez, Maria

MARIA VAZQUEZ, Applicant vs. HOLIDAY INN LOS ANGELES GATEWAY; INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, administered by ESIS, Defendants

ADJ number
ADJ19408921
Decision date
Jun 15, 2025
District office
Los Angeles
WCJ
—
Claim administrator
ESIS (administering Indemnity Insurance Company of North America)
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: various body parts

LC §5909LC §5900LC §5803LC §5804CCR §10600CCR §10700CCR §10803

Summary

Applicant Maria Vazquez, a housekeeper, claimed industrial injuries in 2018 and 2024, and the parties entered a Compromise and Release with an OACR issued on February 25, 2025 following a walkthrough. Addendum A certified that applicant was not on SSDI or a Medicare beneficiary and was not within 30 months of eligibility. Defendant subsequently filed a Motion to Set Aside and a Petition for Reconsideration, contending the parties failed to consider applicant's age and that a Medicare Set-Aside may be appropriate because applicant was 'clearly a Medicare beneficiary at the time of settlement.' The Board treated the petition as one to set aside the OACR and concluded it was premature because no hearing was held and there was no complete record (no Minutes of Hearing or Summary of Evidence) for review. The Board dismissed the petition and returned the matter to the trial level for the WCJ to consider the motion to set aside, set a hearing, and create a proper 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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