Home/Case Law/Elmer Bourland vs. LONG BEACH MEMORIAL MEDICAL CENTER
Regular DecisionReconsideration

Elmer Bourland vs. LONG BEACH MEMORIAL MEDICAL CENTER

Filed: Jun 15, 2009
ADJ1932035 (ANA 0234626) ADJ2673288 (ANA 0234627) ADJ4019770 (ANA 0234628)

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration, upholding a prior order for a lifetime annuity of $900 per month. Defendant argued the original compromise and release agreement intended only a 15-year guaranteed payment period, not a lifetime annuity. However, the Board found the 1992 Order approving the settlement explicitly stated "lifetime annuity" and was not timely challenged by defendant. As no good cause such as fraud or mutual mistake was shown, the 1992 Order is now final and binding.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration, upholding a prior order for a lifetime annuity of $900 per month. Defendant argued the original compromise and release agreement intended only a 15-year guaranteed payment period, not a lifetime annuity. However, the Board found the 1992 Order approving the settlement explicitly stated "lifetime annuity" and was not timely challenged by defendant. As no good cause such as fraud or mutual mistake was shown, the 1992 Order is now final and binding.

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Elmer Bourland vs. LONG BEACH MEMORIAL MEDICAL CENTER (2009) – | CompFox