WCDefenseCA

Happy Monday, dear readers!

Allow me, if I may, to invite you to take a short break from drafting your letters to the Governor asking him to use the power of eminent domain to confiscate this blog and shut it down for good.

Since we’ve gotten to know each other, I will let you in on a little secret.

One of the biggest fears defense attorneys harbor is failing to take credit for PDAs in any settlement.  As happy as our cold, dark, defense attorney hearts get when we come home bearing an Order Approving C&R, it also makes us wake up in a cold sweat and panic that we failed to list the permanent disability advances on the C&R.

Now, the WCAB could be a bit more sympathetic to these oversights, but, unfortunately, all the slack is spent on applicants with none left for us poor defense attorneys!

Such was the case of Quintanilla v. Tarzana Five-Four Corners Investment, a recent panel decision.  The parties proceeded with a C&R, but nearly $6k in PDAs were not credited against the $50k C&R.  Defendant sought reconsideration, of the OAC&R, arguing that the permanent disability advances should have been credited against the settlement amount.

The WCAB reasoned that there’s no “good cause” to set aside the OAC&R, because there were no signs of “mutual mistake of fact, duress, fraud, undue influence or procedural irregularities.”    The WCAB took the position that because defendant failed to list its PDAs and claim credit for them on the C&R, applicant essentially gets “free money.”

So, what’s to be done?  Sometimes the lines of communication break down between claims and legal and the PDAs to date don’t make it to the attorney in time to be incorporated into the C&R.  Sometimes claims sends a signed C&R to the attorney for walkthrough.

Well, the only quasi fail-safe that comes to your humble blogger’s mind that might work is putting in boilerplate language into the C&R asserting credit for any PDAs, subject to proof, even if not reflected on the C&R.  Other than just double and triple checking the PDAs before walkthrough – what would you do?

Have a good week folks!