COMPROMISE AND RELEASE - Interpretation of release language-The interpretation of a compromise and release is a two-step process: (1) The court provisionally receives all credible evidence concerning the parties' intentions to determine ambiguity, i.e., whether the language is reasonably susceptible to the interpretation urged by the party and (2) if in light of the extrinsic evidence the court decides the language is reasonably susceptible to the interpretation urged, the extrinsic evidence is then admitted to aid in interpreting the compromise and release. (See Beard v. Goodrich (2003) 110 Cal.,App.4th 1031.) [In this case, the express language of the compromise and release stating that the injured worker was releasing all civil, administrative, federal or state claims against the employer could not reasonably be read to mean "except civil or state claims."] Beverly Belletich v. Carley, LLC dba Wetzel's Pretzels 10 WCAB Rptr. 10,089 ___Cal.App.4th___

COMPROMISE AND RELEASE - Does language in a compromise and release, that the gross amount of the settlement was to be reduced by permanent disability advances subject to proof, permit the employer to credit of permanent disability advances in excess of the amount shown in the compromise and release? Juhtamaki Americas, Inc. v. Workers' Compensation Appeals Board, (Bimla Madhaw) 10 WCAB Rptr. 10,028 [Writ Granted]

COMPROMISE AND RELEASE - When an employer/carrier fulfilled its obligation to applicant by mailing the settlement check to applicant at the address she and/or her attorney provided in the Compromise and Release Agreement, the employer/carrier is not liable for the amount of the settlement erroneously paid. Maria Gonzalez v. Workers' Compensation Appeals Board, Leegin Creative Leather Products and Risk Management Services 9 WCAB Rptr. 10,377 [Writ Granted]

COMPROMISE AND RELEASE - Petition to set aside—A compromise and release agreement should not be lightly set aside upon the mere petition of the party who thereafter becomes dissatisfied with the settlement. (See Silva v. Industrial Acc. Comm. (1924) 68 Cal.App. 510.) Andrzej O'Connor v. Workers' Compensation Appeals Board, Qualcomm, Inc. 8 WCAB Rptr. 10,340 [Writ Denied]

COMPROMISE AND RELEASE- Grounds for setting aside approval–Approval of a compromise and release cannot be set aside on the basis of unilateral mistakes of fact. (See Johnson v. Workers' Comp. Appeals Bd. (1970) 2 Cal.3d 964.) (In this case, the party preparing the compromise and release failed to annotate previously awarded attorney's fees and a lien for living expenses in item 9 of the compromise and release.) World Tech International v. Workers' Compensation Appeals Board (Fred Patterson) 8 WCAB Rptr. 10,038 [Writ Denied]

COMPROMISE AND RELEASE– Mistake as to the amount of credit for permanent disability advances–Within five years from the date of injury, an order of the Appeals Board approving a Compromise and Release may be rescinded, altered or amended by the Appeals Board upon a showing of good cause. A unilateral mistake would not constitute sufficient ground upon which to set aside a Compromise and Release. (See Smith v. Workers' Comp. Appeals Bd. (1985) 168 Cal.3d 1160.) (In this case, the defense attorney prepared the Compromise and Release that showed a credit for permanent disability advances of $4,060.00. The settlement was agreed to on the basis of this credit and approved by the WCJ and the defendant thereafter claimed the advances totaled $20,471.08.) World Mark Resorts v. Workers' Compensation Appeals Board (Mark Ramsayh) 7 WCAB Rptr. 10,364 [Writ Denied]

COMPROMISE AND RELEASE– When a worker releases the right to medical treatment for a chronic disease, subsequent flare-ups of the disease may not be converted to new injuries to avoid the effect of the Compromise and Release. (See City of Anaheim v. Workers' Comp. Appeals Bd. (Davis) (1982) 128 Cal.App.3d 200.) Karl Mock v. Workers' Compensation Appeals Board, Aratex Services and Intercare Insurance Services 7 WCAB Rptr. 10,219 [Writ Denied]

COMPROMISE AND RELEASE– Serious and willful misconduct claim–A compromise and release of normal workers' compensation benefits between an insurance carrier and an applicant will not release any liability of the employer for a serious and willful misconduct claim. (See Ray v. Ind. Acc. Comm (Wolgamott) (1956) 146 Cal.App.2d 393.) Cheap Tickets and Cendant Corp. v. Workers' Compensation Appeals Board (Richard Ponte) 7 WCAB Rptr. 10,127

COMPROMISE AND RELEASE– Setting aside order approving compromise and release–An order approving a compromise and release may be set aside on a showing that a mutual mistake of fact was involved in the settlement of the case. [In this case the Compromise and Release showed that the parties agreed to have "any permanent disability advances prior to the Order Approving being issued" deducted from the total settlement of $37,000.00. Applicant contended that defendants misled her that no permanent disability advances were to be deducted from the settlement figure, but the Compromise and Release stated that the amount of permanent disability indemnity paid was $9,010.00 and the defendant properly deducted that amount from the settlement figure.] Jill Blanpea v. Workers' Compensation Appeals Board, BHC Vista Del Mar Hospital, Inc. 6 WCAB Rptr. 10,287

COMPROMISE AND RELEASE– Claims outside the scope of the workers' compensation system– The standard language of the preprinted compromise and release form used in settling workers' compensation claims release only those claims within the scope of the workers compensation system, and does not apply to claims asserted in separate civil actions. Carolyn Claxton v. Ray Waters, Pacific Maritime Association 6 WCAB Rptr. 10,261

COMPROMISE AND RELEASE– Interpretation of compromise and release– Extrinsic evidence should not be admissible to show that the standard preprinted compromise and release form also applies to claims outside the workers' compensation system. [This rule, which changes the rules that parties have relied on in settling claims, should be applied only prospectively.] Carolyn Claxton v. Ray Waters, Pacific Maritime Association 6 WCAB Rptr. 10,261

COMPROMISE AND RELEASE– Whether parol evidence is admissible to show what the parties to a compromise and release understood it to mean and refer to, depends upon whether the language of the release was uncertain and indefinite so as to necessitate resort to extrinsic evidence relating to the circumstances surrounding execution of the compromise and release, the situation of the parties, and their intention in executing it. (See Avertt v. Carrigue (1947) 77 Cal.App.2d 170.) [In this case, the compromise and release listed the injured body parts as "heart, internal, headaches, blood pressure, and all parts and conditions mentioned in the medical reports." Although the compromise and release did not list "psyche" with the other injured body parts, the medical reports clearly mentioned serious work stress and continuing emotional problems, including psychiatric treatment.] Julio Valdivieso v. Workers' Compensation Appeals Board, Glenart Enameling, Inc. 6 WCAB Rptr. 10,238

COMPROMISE AND RELEASE– Scope of claims settled–In this case, the applicant's cumulative trauma injury claim to his hips was not within the scope of the compromise and release. The C&R's reference to the lower extremities was insufficient to include the hips because the hips were different anatomical parts from the lower extremities. Con J. Franke v. Workers' Compensation Appeals Board (Bill Alexander) 6 WCAB Rptr. 10,222

COMPROMISE AND RELEASE– In a situation in which the employee is pursuing a FEHA claim for discrimination and a workers' compensation claim arising from the same set of facts, and the parties in the workers' compensation case use a preprinted compromise and release form, purporting to release all claims and causes of action, extrinsic evidence may be admissible to indicate the parties intended to exclude the FEHA claim from the release. This is particularly true when the preprinted compromise and release form makes no specific reference to the pending FEHA civil action, and the employee is represented by two separate law firms. (See generally Asare v. Hartford Fire Ins. Co. (1991) 1 Cal.App.4th 856 and Delaney v. Superior Fast Freight (1993) 14 Cal.App.4th 590.) Dorothy Wimberly Mitchell v. The Union Central Life Insurance Company. 6 WCAB Rptr. 10,166

COMPROMISE AND RELEASE– Credit for permanent disability advances– When there has been a delay between the date the compromise and release is drafted and the date the compromise and release is finally agreed to and approved by the WCJ, the defendant may assert a credit for further permanent disability advances made during this period of time when the compromise and release states an outdated figure for permanent disability advances but contains language "less credit for further PDA subject to proof." County of San Joaquin v. Workers' Compensation Appeals Board (Norma Sepulveda) 6 WCAB Rptr. 10,100

COMPROMISE AND RELEASE– Credit for permanent disability advances–When there has been a delay between the date the compromise and release is drafted and the date the compromise and release is finally agreed to and approved by the WCJ, may the defendant assert a credit for further permanent disability advances made during this period of time when the compromise and release states an outdated figure for permanent disability advances but contains language "less credit for further PDA subject to proof"? County of San Joaquin v. Workers' Compensation Appeals Board (Norma Sepulveda) 5 WCAB Rptr. 10,208

PETITION TO SET ASIDE COMPROMISE AND RELEASE– When a Petition to Set Aside Compromise and Release is filed more than five years after the date of injury, the Order Approving the Compromise and Release is a final judgment that can be set aside only on a showing of extrinsic fraud or mistake. The issue in this case is whether the evidence rises to the level of extrinsic fraud or mistake. Albert Luckey v. Workers' Compensation Appeals Board, California Department of Youth Authority. 5 WCAB Rptr. 10,177

COMPROMISE AND RELEASE– Because an Order Approving Compromise and Release is a final judgment, a Petition to Set Aside the Compromise and Release can be vacated only on a showing of extrinsic fraud or mistake. (See Smith v. Workers' Comp. Appeals Bd. (1985) 168 Cal.App.3d 1160.) [Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been deliberately kept in ignorance of the action or proceeding, or is in some other way fraudulently prevented from presenting his claim or defense.] Albert V. Luckey v. Workers' Compensation Appeals Board, California Department of Youth Authority. 5 WCAB Rptr. 10,152

COMPROMISE AND RELEASE– A compromise and release validly entered into and signed by both parties is binding on the parties and the parties cannot unilaterally rescind the agreement. [The order of the Commonwealth Court of Pennsylvania enjoining legal or equitable actions relating to Legion Insurance Company was not applicable to California workers' compensation proceedings and the Order alone had no effect on the Order Approving Compromise and Release.] Friends Association of Service and Legion Insurance Company v. Workers' Compensation Appeals Board (Aletta Chambers) 5 WCAB Rptr. 10,117

STATUTORY OFFER TO COMPROMISE IN CIVIL ACTIONS– Code of Civil Procedure §998– Undisputed oral acceptance of a section 998 offer to compromise followed by a written proof of acceptance is permitted unless the offer requires another mode of acceptance. (See Gray v. Stewart (2002) 97 Cal.App.4th 1394.) Valerie Bias v. Michelle Wright. 4 WCAB Rptr. 10,341

STATUTORY OFFER TO COMPROMISE IN CIVIL ACTIONS– Code of Civil Procedure §998– Purported oral acceptance evidenced by written notice of acceptance that includes an additional term not present in a section 998 offer to compromise does not communicate an absolute and unequivocal acceptance of the offer as required by Civil Code §1585. [In this case the defendant's notice of acceptance contained an the additional condition that each party bear their own costs.] Valerie Bias v. Michelle Wright. 4 WCAB Rptr. 10,341

STATUTORY OFFER TO COMPROMISE IN CIVIL ACTIONS– Code of Civil Procedure §998– A trial court or clerk may not adjudicate a factual dispute over the terms of a section 998 settlement agreement and enter judgment. Valerie Bias v. Michelle Wright. 4 WCAB Rptr. 10,341

STATUTORY OFFER TO COMPROMISE IN CIVIL ACTIONS– Code of Civil Procedure §998– A statutory offer to compromise under Code of Civil Procedure §998 is not extinguished by a judgment that is vacated by a subsequent order for a new trial. Oganes Saakyan v. Modern Auto, Inc. 4 WCAB Rptr. 10,327

COMPROMISE AND RELEASE– Labor Code §5003– Approval of Compromise and Release– The approval of a compromise and release should be treated as a condition subsequent, rather than a condition precedent. Therefore, once the parties sign a C&R, a valid and binding agreement is entered into even before the issuance of the order approving the C&R is issued. It is not error for a WCJ to approve a previously submitted C&R, despite a defendant's request to withdraw from the agreement based on evidence obtained after the submission of the C&R to the WCJ. (See Jones v. Workers' Comp. Appeals Bd. (2000) 2 WCAB Rptr. 10,275 [writ denied].) California General Tire v. Workers' Compensation Appeals Board (Kevin Talbott) 4 WCAB Rptr. 10,312

COMPROMISE AND RELEASE– A compromise and release can only be set aside on a showing of fraud, mutual mistake of fact, duress or undue influence. (See Johnson v. Workers' Comp. Appeals Board (1970) 2 Cal.3d 964.) [In this case the applicant's sole argument was that the rater failed to take into account all factor's of applicant's disability because the treating physician did not completely address them. The applicant's remedy was to seek reconsideration from the Administrator and the failure to utilize that procedure cannot be rectified by filing a Petition to set aside a Compromise and Release.] Robert Flagstad v. Workers' Compensation Appeals Board, Trisep Corporation. 4 WCAB Rptr. 10,304

COMPROMISE AND RELEASE– Approval of settlements– Labor Code §5001– The settlement of claims for workers' compensation benefits must be approved by the WCAB, regardless of any language in another agreement purporting to resolve pending or future workers' compensation claims. Rio Vista Chevrolet v. Workers' Compensation Appeals Bd. (Virginia Landaw) 4 WCAB Rptr. 10,280

COMPROMISE AND RELEASE-On Order Approving Compromise and Release may be set aside on a showing that the settlement was the result of fraud, duress, or undue influence. (See Silva v. Indust. Acc. Com. (1924) 68 Cal.App. 510.) [In this case the C&R was properly set aside on the basis that the applicant was in propria persona and there was a misunderstanding on future medical treatment and the applicant's impaired due to medications consisting of Zoloft, Soma, Darvocet-N and Dalmane.] Santa Maria Bonita School District v. Workers' Compensation Appeals Board (Manual Recinos) 4 WCAB Rptr. 10,189

COMPROMISE AND RELEASE-After a motion for summary judgment in a sexual harassment suit was granted in favor of the employer based on a finding that the all civil claims were barred by the Compromise and Release approved by the WCJ in the compensation proceeding, applicant sought to set aside the Compromise and Release on the grounds of fraud, mistake of fact and inadequacy. The WCJ properly determined that applicant's offer of proof had no shown any basis to set the matter for an evidentiary hearing to determine if the Order Approving Compromise and Release should be set aside and the C&R should be rescinded. Renae Kohler v. Workers' Compensation Appeals Board, Wonder Bread/Interstate Brands 4 WCAB Rptr. 10,122

SETTLEMENT OF WORKERS' COMPENSATION CLAIM AND OTHER EMPLOYMENT CLAIMS-In this case the injured worker settled a workers compensation claim by Compromise and Release and contemporaneously executed a Settlement Agreement and General Release. The settlement documents were found to bar a subsequent lawsuit for a variety of employment based causes of action. Albert Yemen v. Countrywide Home Loans, Inc. 4 WCAB Rptr. 10,115

ALTERED OR AMENDED UPON A SHOWING OF GOOD CAUSE– After five years from the date of injury, the Appeal Board's continuing jurisdiction to rescind, alter or amend an order approving a compromise and release terminates, except as to petitions for such relief filed before the five-year period. [See Nickelsberg v. Workers' Comp. Appeals Bd. (1991) 54 Cal.3d 288.] Antonio Feliciano Serrano v. Workers' Compensation Appeals Board, Panfil Novak Company 4 WCAB Rptr. 10,060

COMPROMISE AND RELEASE-An order approving a compromise and release does not preclude a subsequent order of contribution by the settling insurer to another insurer. [In this case the applicant settler later claims but still had an actual enforceable award for future medical treatment for a prior injury. The later insure settles at it's own peril since it may be subject to a later contribution proceeding by the carrier on the prior award of future medical treatment.] San Juan Unified School District v. Workers' Compensation Appeals Board (Mary Lee Weiss) 3 WCAB Rptr. 10,311

COMPROMISE AND RELEASE-The signing of a compromise and release creates a legally binding agreement that is effective from the date of execution if later approved by the Board. (See Light v. Summit Drilling & Productions Co. (1979) 10 Cal.App.3rd 966.) So. California Rapid Transit District v. Workers' Compensation Appeals Board (Jacob Sanders) 3 WCAB Rptr. 10,277

COMPROMISE AND RELEASE-Setting aside approved C&R-Labor Code § -An approved compromise and release will be set aside only upon a showing by admissible evidence of fraud or intent to deceive. Ronald McRoberts v. Workers' Compensation Appeals Board, Jurupa Area Recreation & Park District 3 WCAB Rptr. 10,189

COMPROMISE AND RELEASE-Labor Code §5002-When one party has not signed the Compromise and Release, there is no binding or enforceable agreement. David Bartoli v. Workers' Compensation Appeals Board 3 WCAB Rptr. 10,138

COMPROMISE AND RELEASE-Labor Code §5803-Petition to set aside-Where a petition to set aside is filed within five years of the date of injury, the standard for setting aside a Compromise and Release is "good cause." Mistakes as to the evidence or merits of the case are intrinsic to the prosecuting of the case and not extrinsic mistakes. Hugh David Smith v. Workers Compensation Appeals Board, Capitol Telephone 3 WCAB Rptr. 10,045

COMPROMISE AND RELEASE-A compromise and release in a workers' compensation case waiving all future claims barred a civil suit for sex discrimination against the employer arising from the same set of facts. Mary J. Jefferson v. California Department of Youth Authority 3 WCAB Rptr. 10,115

COMPROMISE AND RELEASE-Rescission of an approved compromise and release-A mere misunderstanding as to the amount of permanent disability advances is an insufficient basis to withdraw from a negotiated settlement that has already been approved. Richard Burton v. Workers' Compensation Appeals Board, Ralph's Grocery Co. 3 WCAB Rptr. 10,106

COMPROMISE AND RELEASE-Labor Code §5805-What constitutes good cause to reopen an Award would not necessarily constitute good cause to reopen an approved Compromise and Release because the parties to the Compromise and Release agreed to accept calculated risks. Thus, the compromise negotiated on the basis of the evidence available at the time, should not be set aside even if the preponderance of the evidence would now show the hearing loss to be industrial. Hugh David Smith v. Workers Compensation Appeals Board, Capitol Telephone 3 WCAB Rptr. 10,045

COMPROMISE AND RELEASE–Grounds for setting aside approval of Compromise and Release–An Order Approving a Compromise and Release has the effect of a judgment and the order can be rescinded on a showing of good cause for (1) fraud, duress, or undue influence, (2) mutual mistake of fact or law, (3) invalidity of execution, (4) or incompetency at the time of execution. If more than five years has passed from the date of injury the Order Approving Compromise and Release is a final judgment and can be vacated only on a showing of extrinsic fraud or mistake. (See Smith v. Workers' Comp. Appeals Bd. (1985) 168 Cal.App.3d 1160.) Absalom Cristobal v. Workers' Compensation Appeals Board, The Gap 5 WCAB Rptr. 10,278

PETITION TO SET ASIDE COMPROMISE AND RELEASE–When a Petition to Set Aside Compromise and Release is filed more than five years after the date of injury, the Order Approving the Compromise and Release is a final judgment that can be set aside only on a showing of extrinsic fraud or mistake. (See Johnson v. Workers Comp. Appeals Bd. (1970) 2 Cal.3d 964.) Albert Luckey v. Workers' Compensation Appeals Board, California Department of Youth Authority 5 WCAB Rptr. 10,283