WCAB

This case involves the effect of a compromise and release signed by real party in interest, Florence V. Anderson, in connection with workers’ compensation claims she filed in 1988 and 1989 against petitioner General Dynamics Corp. The Workers’ Compensation Appeals Board (Board) concluded that the prior compromise and release did not preclude a new claim for asbestosis. After reviewing the record we conclude that the evidence does not support the determination of the Board and we annul and remand for further proceedings.

Facts

Ms. Anderson was employed by General Dynamics as a janitor between July 16, 1979, and December 9, 1988, when she was placed on medical disability due to asthma. She filed two workers’ compensation claims; No. 88 POM 147537 and No. 89 POM 157101. The record before us does not contain a copy of the first claim but the second claim alleges “injury arising out of and in the course of employment to Respiratory System.” It also alleges the “injury occurred as follows: Exposure to Dust, Chemicals & Fumes.”

In connection with her claims, Ms. Anderson obtained a medical-legal report from Dr. Nachman Brautbar which concluded “the diagnosis of occupational…