Low Back not included in Compromise and Release so it was not settled
- Posted By: Harvey Brown
- February 28, 2021
This is an opinion and decision after reconsideration
The applicant alleged injury to multiple body parts including the low back. The parties entered into a Compromise and Release but it did not include the low back as part of the settlement.
The case went to trial on whether the applicant could still claim the low back even though the rest of the body parts were settled by Compromise and Release. The Workers’ Compensation Judge (WCJ) ruled since the parties were aware of the claim for the low back it was not settled.
Defendant appealed. The applicant struck the language in the C&R that discharged defendant form liability for any claims not mentioned. The Workers’ Compensation Appeals Board ruled the low back claim was not settled and remanded the case.
Romero v. Berberian Enterprises
Editor: Harvey Brown
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