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Featured Case of the Week: Severance Agreement Waiving Workers' Comp Benefits Not Valid
Sompo Japan Insurance Company of America (formerly known as Yasuda Fire & Marine Insurance Company, c/o Broadspire, a Crawford Co.), insurer for Canon Business Solutions, Inc., Petitioner v. Workers' Compensation Appeals Board, Gerald Lark, Respondents, 2011 Cal. Wrk. Comp. LEXIS 170
Temporary Disability-Credit-Severance Agreements-WCAB, awarding applicant business machine repair person temporary disability for injury AOE/COE to applicant's back and left shoulder, with credit for time worked and wages earned, if any, based on applicant's testimony and medical record, held that defendant was not entitled to credit against temporary disability for payments defendant made pursuant to severance agreement between applicant and defendant employer, when WCAB found that applicant's last day of work was date of injury, that defendant made payments under severance agreement, that provision in severance agreement purporting to waive applicant's right to bring claim for workers' compensation benefits was not valid, that severance agreement did not establish that payments under agreement represented ongoing wages or payment of workers' compensation benefits or show clear intent that payments were to be considered as equivalent to ongoing wages or payment of workers' compensation benefits, that agreement did not establish that applicant knew what he was waiving and made knowing waiver or specifically state that applicant was waiving right to claim workers' compensation benefits, that agreement appeared to be form buyout agreement, that WCAB had sole authority to adjudicate workers' compensation claims, and that WCAB did not review or approve severance agreement to determine if it was adequate settlement under Labor Code.
Here's the rest of the third batch of advanced postings for the November 2011 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the complete headnotes and summaries.
Regents of the University of California, PSI, Petitioner v. Workers' Compensation Appeals Board, Virginia Siegel, Respondents, 2011 Cal. Wrk. Comp. LEXIS 169
Permanent Disability-Rating-Conclusive Presumption of Total Disability-WCAB held that applicant/teacher who suffered industrial injuries to her left minor shoulder and bilateral upper extremities was entitled to an unapportioned award of 100-percent permanent disability, when WCAB found that ...
State Compensation Insurance Fund, insurer for Central Cartage Company, Petitioner v. Workers' Compensation Appeals Board, Don Keith Transportation, insured by AARLA, (Bill Dunehew), Respondents, 2011 Cal. Wrk. Comp. LEXIS 171
Credit-Overpayment of Permanent Disability-WCAB, in split decision rescinding WCJ's award of credit, held that defendant was not entitled to credit under Labor Code § 4909 for permanent disability advances paid to applicant for his 3/31/2003 industrial injury against permanent disability indemnity owed in connection with his cumulative injury through 6/30/2007, when ...
William Davis, Petitioner v. Workers' Compensation Appeals Board, Asbury Environmental Services, State Compensation Insurance Fund, Respondents, 2011 Cal. Wrk. Comp. LEXIS 168
Injury AOE/COE-WCAB held that applicant mechanic sustained injury AOE/COE on 10/17/2001 to his psyche, head, eyes, chest, spine, left tibia, and ankles, based on ...
Permanent Disability-Rating-Apportionment-WCAB awarded applicant 93-percent permanent disability, without apportionment and with life pension and credit for previous payments, for 10/17/2001 injury AOE/COE to his psyche, head, eyes, chest, spine, left tibia, and ankles, based on opinions from...
Permanent Disability-Medical Treatment-WCAB held that applicant did not sustain any permanent disability or need for further medical treatment for head injury, concussion, headaches, or post-traumatic head syndrome, based on WCAB's findings that ...
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