Opinion
OXN 0141545
Oxnard District Office
ALFREDA PARKER
LAW OFFICES OF DONALD A. COCQUYT
PEARLMAN, BROWN & WAX, LLP
OPINION AND DECISION AFTER RECONSIDERATION
KATHERINE A. ZALEWSKI, CHAIR
Applicant, Alfreda Parker, and defendant, County of Ventura, each petitioned for reconsideration of the Findings and Order issued by the workers’ compensation administrative law judge (WCJ) in this matter on April 29, 2021. In that decision, the WCJ found that applicant while employed on December 29, 2004 as a housekeeper by the County of Ventura, permissibly self-insured for workers’ compensation liability, sustained injury arising out of and in the course of employment to her right knee, right hip, left hip, lumbar spine, psyche, left shoulder, and gastrointestinal system (constipation and nausea) and consisting of hypertension, resulting in need of further medical treatment to cure or relieve from the effects of the injury. The WCJ did not decide the issue of permanent disability and ordered that the parties develop the evidentiary record by supplemental reporting or testimony of the vocational expert.
Defendant contends in its petition for reconsideration that the WCJ erred in finding industrial injury to the left shoulder.
Applicant contends in her petition for reconsideration that the WCJ erred in not finding that the injury caused permanent total disability without basis for apportionment of liability to non-industrial causes.
The WCJ issued reports on the petitions for reconsideration recommending that each petition be denied as a petition for reconsideration.
We granted reconsideration to further study the factual and legal issues presented. Subsequently, the parties participated in a commissioners’ settlement conference at our request. On October 20, 2021, the parties filed an executed Compromise and Release.
In order to expedite review and approval of the Compromise and Release, we will rescind the April 29, 2021 decision and remand this matter to the WCJ to consider the settlement. The WCJ may conduct such further proceedings as he deems appropriate.
Our decision should not be construed as a ruling on the merits of the petitions for reconsideration filed by the parties. If the WCJ does not approve the settlement, he can issue an order reinstating his original decision and any aggrieved party may timely seek reconsideration from the reinstated decision.
Finally, we commend the parties for successfully resolving this complex matter without the need of further litigation.
For the foregoing reasons,
IT IS ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board that the Findings and Order issued in this matter on April 29, 2021, be RESCINDED, and that this matter be REMANDED to the workers’ compensation administrative law judge to consider the Compromise and Release filed in this matter filed on October 20, 2021, and for such further proceedings as he deems appropriate.
WORKERS’ COMPENSATION APPEALS BOARD
I CONCUR, MARGUERITE SWEENEY, COMMISSIONER, JOSé H. RAZO, COMMISSIONER
SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.