CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded an Order Approving Compromise and Release (OACR), and returned the case to the trial level. This was done despite the applicant's untimely petition for reconsideration, on equitable grounds due to extrinsic mistake. The mistake arose because the WCJ approved the OACR without knowledge of the applicant's prior notification to the defendant of his desire to withdraw from the settlement, a fact belatedly brought to the court's attention. The matter is remanded for the WCJ to re-evaluate the compromise and release agreement, considering factors like disbursement of funds.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded an Order Approving Compromise and Release (OACR), and returned the case to the trial level. This was done despite the applicant's untimely petition for reconsideration, on equitable grounds due to extrinsic mistake. The mistake arose because the WCJ approved the OACR without knowledge of the applicant's prior notification to the defendant of his desire to withdraw from the settlement, a fact belatedly brought to the court's attention. The matter is remanded for the WCJ to re-evaluate the compromise and release agreement, considering factors like disbursement of funds.
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