Medical evaluator determines 65% permanent disability
The applicant, who worked for Sutter Connect Human Resources, alleged that she suffered an industrial injury to her neck, bilateral wrists, and bilateral arms on a cumulative basis as a result of performing repetitive job duties.
The applicant in the case of Armbrust vs. Sutter Select; State Compensation Insurance Fund claimed that she suffered the injury during the course of her employment with the defendant employer. The parties’ agreed medical evaluator determined 65% permanent disability.
The parties, anticipating a mandatory settlement conference, exchanged emails with settlement discussions about a potential compromise and release.
The trial tackled the issues of the injured body parts, the permanent and stationary date, permanent disability, apportionment, liability for self-procured medical treatment, attorney fees, and the existence of a settlement agreement.
The workers’ compensation administrative law judge found that the emails did not amount to a valid and enforceable settlement agreement or compromise and release under sections 5002 and 5003 of California’s Labor Code.
The applicant filed a petition for reconsideration challenging the judge’s decision. She argued that the defendant could not unilaterally withdraw from a settlement agreement simply because it did not fulfill its obligation to perform the contingencies that it agreed to perform.
The applicant asserted that she and the defendant entered into...
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