Home/Case Law/DANNY MCCARTY vs. DC CONCRETE, INSURANCE COMPANY OF THE WEST
Regular DecisionReconsideration

DANNY MCCARTY vs. DC CONCRETE, INSURANCE COMPANY OF THE WEST

Filed: Oct 05, 2016
Long Beach
ADJ8427623, ADJ8580402, ADJ8944197

CompFox AI Summary

In this workers' compensation case, the defendant sought reconsideration of an order approving a Compromise and Release (C&R), alleging mutual mistake regarding the calculation of permanent disability advances (PDAs). The Appeals Board denied reconsideration, finding no mutual mistake as the parties agreed to the settlement amount and the PDA offset was explicitly stated in the C&R. The Board determined that the defendant's later discovery of a miscalculation constituted a unilateral mistake, not a mutual one, and therefore did not warrant setting aside the approved C&R.

Full Decision Text1 Pages

In this workers' compensation case, the defendant sought reconsideration of an order approving a Compromise and Release (C&R), alleging mutual mistake regarding the calculation of permanent disability advances (PDAs). The Appeals Board denied reconsideration, finding no mutual mistake as the parties agreed to the settlement amount and the PDA offset was explicitly stated in the C&R. The Board determined that the defendant's later discovery of a miscalculation constituted a unilateral mistake, not a mutual one, and therefore did not warrant setting aside the approved C&R.

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