permanent disability advance
amount was not changed.
However, there was language
that defendant was entitled to
credit for further permanent
disability advances.
conference were considerably
higher and the carrier took credit
for them.
interest. At trial the applicant
testified that she signed the
settlement under duress. The
Workers' Compensation Judge
found no reason to set aside the
settlement, but only granted the
advances delineated in the
settlement.
Compensation Appeals Board
advances.
as opposed to a factual question
and resolved by contract
principles.
aware that she had received
additional permanent disability
advances. The court followed
Escamilla v. WCAB (writ denied)
(1995) 60 CCC 45. This stands for
the proposition that the norm is to
give the employer full credit for
permanent disbility advances.
Valenzuela and Brown
Address: 18500 Von Karman
#470, Irvine
decision.
conference the applicant rejected
an offer to compromise and
release the case. The settlement
proposed was for $20,000, less
permanent disability advances of
$2,442.87.
of $24,000. The compromise and
release that was prepared for the
first conference and rejected by
the applicant was used for this
settlement. A 4 was written over
the 0 in 20,000 in the first
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