ADJ12672258 · June 28, 2022

The WCJ found 69% permanent partial disability, applicant contended 83%, but parties settled by compromise and release.

From the decision · page 1I. applicant, petitioned for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on December 2, 2021. In that decision, the WCJ found that applicant, sustained injury to his heart and circulatory system arising out of and in the course of his employment as a correctional sergeant during the period June 1987 through June 17, 2016, by defendant, County of Monterey, then permissibly self-insured for workers' compensation liability. The WCJ also found that the injury caused need of further medical treatment and permanent partial disability of 69%. Applicant contends in his petition for reconsideration that the WCJ erred in not finding that the injury caused permanent partial disability of 83%. Defendant filed an answer contending that the petition for reconsideration should be denied. The WCJ issued a report in which she recommended that the petition for reconsideration be denied. Subsequently, at our request the parties participated in a commissioners' settlement conference and agreed to resolve this matter by compromise and release.

WCJ found applicant sustained injury to heart and circulatory system arising out of employment as correctional sergeant from June 1987 through June 17, 2016.

Favours Applicant prevailed

This finding established compensability and basis for permanent partial disability rating.

From the decision · page 1I. applicant, petitioned for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on December 2, 2021. In that decision, the WCJ found that applicant, sustained injury to his heart and circulatory system arising out of and in the course of his employment as a correctional sergeant during the period June 1987 through June 17, 2016, by defendant, County of Monterey, then permissibly self-insured for workers' compensation liability. The WCJ also found that the injury caused need of further medical treatment and permanent partial disability of 69%. Applicant contends in his petition for reconsideration that the WCJ erred in not finding that the injury caused permanent partial disability of 83%. Defendant filed an answer contending that the petition for reconsideration should be denied. The WCJ issued a report in which she recommended that the petition for reconsideration be denied. Subsequently, at our request the parties participated in a commissioners' settlement conference and agreed to resolve this matter by compromise and release.

Applicant contended permanent partial disability should be 83%, but WCJ found 69%.

Favours Applicant prevailed

Dispute over disability rating was central to reconsideration petition and settlement.

From the decision · page 1I. applicant, petitioned for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on December 2, 2021. In that decision, the WCJ found that applicant, sustained injury to his heart and circulatory system arising out of and in the course of his employment as a correctional sergeant during the period June 1987 through June 17, 2016, by defendant, County of Monterey, then permissibly self-insured for workers' compensation liability. The WCJ also found that the injury caused need of further medical treatment and permanent partial disability of 69%. Applicant contends in his petition for reconsideration that the WCJ erred in not finding that the injury caused permanent partial disability of 83%. Defendant filed an answer contending that the petition for reconsideration should be denied. The WCJ issued a report in which she recommended that the petition for reconsideration be denied. Subsequently, at our request the parties participated in a commissioners' settlement conference and agreed to resolve this matter by compromise and release.

Favours neutral

Settlement resolved dispute over disability rating and benefits.

California Labor Code

Labor Code section 5001

No release of liability or compromise agreement is valid unless approved by appeals board or referee.

From the decision · page 2II. Labor Code section 5001 states in pertinent part that "[n]o release of liability or compromise agreement is valid unless it is approved by appeals board or referee." WCAB Rule 10700 states that:

California Code of Regulations, title 8, section 10700

WCAB Rule 10700

The WCAB shall inquire into adequacy of compromise and release agreements and may set hearing to determine approval.

From the decision · page 2"The Workers' Compensation Appeals Board shall inquire into the adequacy of all compromise and release agreements and stipulations with request for award, and may set the matter for hearing to take evidence when necessary to determine whether the agreement should be approved or disapproved, or issue findings and awards." (Cal. Code Regs., tit. 8, § 10700.)

California Labor Code

Labor Code section 5002

Upon filing and approval by appeals board, award may be entered based on release or compromise agreement.

From the decision · page 2Labor Code section 5002 states that: "A copy of the release or compromise agreement signed by both parties shall forthwith be filed with the appeals board. Upon filing with and approval by the appeals board, it may, without notice, of its own motion or on the application of either party, enter its award based upon the release or compromise agreement."