Aceves, Jesus, Applicant v. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

WORKERS’ COMPENSATION APPEALS BOARD
STATE OF CALIFORNIA
JESUS ACEVES, Applicant
vs.
SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants
Adjudication Number: ADJ8712310
Santa Barbara Satellite District Office
OPINION AND DECISION
AFTER RECONSIDERATION
We granted reconsideration1 in this matter to study the factual and legal issues. This is our
Opinion and Decision After Reconsideration.
Applicant timely petitioned for reconsideration of the Findings of Fact and Order issued
by the workers’ compensation administrative law judge (WCJ) on March 18, 2020, served on
March 30, 2020. We granted reconsideration to study the factual and legal issues presented.
To be timely, a petition for reconsideration must be filed with (i.e., received by) the WCAB
within 25 days from a “final” decision that has been served by mail upon an address in California.
(Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, §§ 10605(a)(1), 10615(b), 10940(a).) A
petition for reconsideration of a final decision by a workers’ compensation administrative law
judge must be filed in the Electronic Adjudication Management System (EAMS) or with the
district office having venue. (Cal. Code Regs., tit. 8, § 10940(a).)
The Division of Workers’ Compensation (DWC) closed its district offices for filing as of
March 17, 2020 in response to the spread of the novel coronavirus (COVID-19).2 In light of the
district offices’ closure, the Appeals Board issued an en banc decision on March 18, 2020 stating
that all filing deadlines are extended to the next day when the district offices reopen for filing. (In
re: COVID-19 State of Emergency En Banc (2020) 85 Cal.Comp.Cases 296 (Appeals Board en
1 Following the grant of reconsideration, Commissioners Sweeney and Dodd became unavailable to participate and
Commissioner Lowe no longer serves on the Appeals Board. Other panelists were substituted in their place. .
2 The March 16, 2020 DWC Newsline may be accessed here: https://www.dir.ca.gov/DIRNews/2020/2020-18.html.

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banc).) The district offices reopened for filing on April 13, 2020.3 Therefore, the filing deadline
for a petition for reconsideration that would have occurred during the district offices’ closure was
tolled until April 13, 2020.
Following their participation in a commissioners’ settlement conference set at our request,
applicant and SIBTF resolved applicant’s claim against SIBTF by Compromise and Release. The
Compromise and Release was filed on July 21, 2022.
Labor Code section 5001 states in pertinent part that “[n]o release of liability or
compromise agreement is valid unless it is approved by appeals board or referee.” WCAB Rule
10700(b) states that:
“The Workers’ Compensation Appeals Board shall inquire into the
adequacy 	of 	all 	Compromise 	and 	Release 	agreements 	and
Stipulations with Request for Award, and may set the matter for
hearing to take evidence when necessary to determine whether the
agreement should be approved or disapproved, or issue findings
and awards.” (Cal. Code Regs., tit. 8, § 10700(b).)
Labor Code section 5002 states that:
“A copy of the release or compromise agreement signed by both
parties shall forthwith be filed with the appeals board. Upon filing
with and approval by the appeals board, it may, without notice, of
its own motion or on the application of either party, enter its award
based upon the release or compromise agreement.”
(See Lab. Code § 5003 [setting forth requirements for form and contents of the agreement].)
After considering the Compromise and Release in light of the entire record and the risks to
applicant of further litigation, we conclude that the settlement amount is adequate and that the
agreement is in applicant’s best interest.
We also conclude that the attorneys’ fee requested is reasonable in light of the complexity
of the case and should be allowed.
Therefore, as our Decision After Reconsideration, we rescind the Findings of Fact and
Order and approve the Compromise and Release, including the attorneys’ fee requested.
3 The April 3, 2020 DWC Newsline regarding reopening the district offices for filing may be accessed here:
https://www.dir.ca.gov/DIRNews/2020/2020-29.html.

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Finally, we commend the parties for their willingness to bargain in good faith and resolve
this matter without the need for further litigation.
For the foregoing reasons,
IT IS ORDERED as the Decision After Reconsideration of the Workers’ Compensation
Appeals Board that the Findings of Fact and Order issued by the workers’ compensation
administrative law judge on March 18, 2020 be RESCINDED.
IT IS FURTHER ORDERED that the Compromise and Release be APPROVED.

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AWARD 	IS 	MADE 	in 	favor 	of 	JESUS 	ACEVES 	against 	the 	SUBSEQUENT
INJURIES BENEFITS TRUST FUND as specified in the Compromise and Release agreement.
WORKERS’ COMPENSATION APPEALS BOARD
/s/ KATHERINE A. ZALEWSKI, CHAIR
I CONCUR,
/s/ ANNE SCHMITZ, DEPUTY COMMISSIONER
/s/ JOSÉ H. RAZO, COMMISSIONER
DATED AND FILED AT SAN FRANCISCO, CALIFORNIA
July 26, 2022
SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT
THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.
JESUS ACEVES
GHITTERMAN GHITTTERMAN & FELD
OFFICE OF THE DIRECTOR-LEGAL UNIT
RLN/abs
I certify that I affixed the official seal of the
Workers’ Compensation Appeals Board to this
original decision on this date. 	abs