«

»

Jun 30 2014

A General Release in a Civil Settlement Does not Settle a Pending Compensation Claim

The WCAB held that general release language in applicant’s civil settlement agreement did not bar applicant from further proceedings for collection of his workers compensation benefits.

Avalos v. Tony’s Landscaping (BPD) (2013 Cal. Wrk. Comp. P.D. LEXIS 642):

The WCJ held that general release language in applicant’s civil settlement agreement barred applicant from further proceedings for collection of his workers compensation benefits.

The WCAB held that the general release language in the civil settlement did not bar applicant from further proceeding for collection of his workers compensation benefits for his claimed industrial injury, notwithstanding the language in the settlement agreement which referenced resolution of all obligations, claims or causes of action arising out of employment relationship.

The WCAB held in accordance with the case of Stellar v. Sears Roebuck (75 CCC 1146) and based upon the express language in LC § 5001 and regulation § 10 878 a settlement agreement could not resolve applicant’s workers compensation claim without approval from the WCAB.

The WCAB further found that there was no indication in the agreement that the parties intended in settling the civil claims to settle applicant’s workers compensation claim.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>