Pantoja: Broad Release Language Did Not Settle an Omitted Neck Injury

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In Pantoja v. United Parcel Service, a WCAB panel reaffirmed that broad drafted release language did not settle a cervical-spine claim when the compromise and release required specific identification of the body parts being resolved and did not list the neck.

The later case involved a claimed cervical injury

The employer argued that an August 2020 compromise and release fully resolved known injuries arising from the cumulative-trauma claims, including a potential neck injury. An earlier Appeals Board decision found the later cervical claim was not barred and deferred the remaining issues.

On reconsideration, the employer relied on broad release language and the asserted intent to end all known injury claims.

The form required specificity

Paragraph 1 required the parties to state the injury dates and body parts, conditions, or systems being settled. Paragraph 3 expressly limited the agreement to those matters and incorporated that specificity requirement.

The panel held that the specificity language was not surplusage and superseded broader drafted terms. The settlement did not identify the neck with the required specificity.

Adequacy review reinforced the result

The panel connected specific body-part identification to the WCJ’s obligation to determine settlement adequacy. Treating an unlisted body part as silently released would obstruct that review.

The opinion relied on the Board’s 2026 en banc discussion in Gaines of fair compensation and adequacy in compromise-and-release approval.

The decision was affirmed with a correction

The panel granted reconsideration only to correct a finding so the injury dates matched the parties’ trial stipulations. It otherwise affirmed that the cervical claim was not barred.

The ruling did not decide the merits of the neck injury. It left other issues deferred and illustrates the importance of matching body parts, injury dates, addenda, and intended scope before execution.