Home/Case Law/DORA BENAVIDES vs. MAINSTAY BUSINESS SOLUTIONS
Regular DecisionReconsideration

DORA BENAVIDES vs. MAINSTAY BUSINESS SOLUTIONS

Filed: Feb 19, 2008
San Francisco
LAO 0866278 LAO 0866280

CompFox AI Summary

The applicant sought reconsideration to set aside a Compromise and Release (C&R) agreement, claiming she changed her mind about waiving future medical treatment. The Appeals Board denied the petition, agreeing with the WCJ that the applicant provided no grounds like fraud or duress to void the settlement. Despite noting the WCJ's incorrect standard for setting aside a C&R on reconsideration, the Board found the $20,000 settlement adequate given the medical evidence supporting minimal permanent disability.

Full Decision Text1 Pages

The applicant sought reconsideration to set aside a Compromise and Release (C&R) agreement, claiming she changed her mind about waiving future medical treatment. The Appeals Board denied the petition, agreeing with the WCJ that the applicant provided no grounds like fraud or duress to void the settlement. Despite noting the WCJ's incorrect standard for setting aside a C&R on reconsideration, the Board found the $20,000 settlement adequate given the medical evidence supporting minimal permanent disability.

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