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The Mandatory Settlement Conference At The Stockton WorkersCompensation Appeals Board

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The undersigned attended the Mandatory Settlement Conference at the Stockton Workers’ Compensation Appeals Board on June 14, 2017. The undersigned appeared on behalf of Mr. Rod McClelland. Mr. McClelland had an unavoidable calendar conflict on the day of the hearing; therefore, I appeared on his behalf on a one-time basis. The file will be returned to Mr. McClelland for further handling. If you have any questions or concerns, please do not hesitate to contact myself or Mr. McClelland. Appearances Present at the MSC, in addition to the undersigned, was the applicant’s attorney Mr. John Gonzalez. The applicant was also present. Interpreting services were provided by Ms. Beatriz Obregon, certification number 100612. Judge Terre Sadowski …show more content…

I provided the applicant’s attorney with our string ratings indicating these would be included in the settlement documents. At this time, I also approached the possibility of settling this case pursuant to a compromise and release. As you know, the Stipulations with Request for Award we were ready to accept were for 24% PD paid at a rate of $160.00 per week. The stipulation was for the applicant’s lumbar spine and left knee only. The monetary value of this stipulation would be $15,280.00. I indicated to the applicant’s attorney that I had authority to settle the claim pursuant to a Compromise and Release for $24,000.00. After further discussions, the applicant’s attorney took the Stipulations and indicated he would discuss the Compromise and Release with the applicant. During this break, I had numerous conversations with you regarding the correct PD rate and the general status of the case. Based on our conversations, I believe the $290.00 per week PD rate we have been paying to the applicant is too high. I explained the PD rate is determined by adding all the applicant’s in-season earnings and dividing by 52 weeks. This calculation is different from how temporary disability benefits are calculated. Based on this calculation, we discovered the applicant’s actual PD rate is the minimum of $160.00 per week. Also, during this break, I inquired to see if there was an

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