WCAB

A workers’ compensation applicant and her employer settled her case by giving her a lump-sum payment, but crediting the employer for certain advances, both in a specified amount and “further” amounts subject to proof. A workers’ compensation judge (WCJ) approved the settlement, but later ruled the employer was not entitled to “further” credits. On reconsideration, the Workers’ Compensation Appeals Board (Board) agreed with the WCJ. We annul the Board’s decision because it deprives the employer of a lawful, bargained-for provision of the settlement.

BACKGROUND

Norma Sepulveda applied for compensation benefits, and although her employer (through its adjuster) contested all issues, it provided her with medical treatment and certain periodic benefits, pending resolution of her claims.

At a settlement conference in October 2001, the employer offered to settle the case for a payment of $20,000, less certain amounts, including permanent disability advances (PDA’s) then totaling $2,442.87. Sepulveda rejected this offer.

At a settlement conference on April 25, 2002, the parties settled, with the WCJ’s approval. The parties signed a form prepared by the Board, known as a…