CompFox AI Summary
The applicant sought reconsideration of an order approving a Compromise and Release (C&R) settlement, alleging fraud and malpractice by his former attorney. The Appeals Board denied reconsideration, finding the applicant failed to prove fraud, mutual mistake, duress, or undue influence to set aside the C&R. Although the Board noted procedural concerns regarding the ex parte submission of the C&R by the applicant's former counsel after being dismissed, it concluded the applicant received due process at a subsequent hearing and failed to establish good cause to rescind the settlement. The applicant's petition was also subject to dismissal for lack of proper verification.
Full Decision Text1 Pages
The applicant sought reconsideration of an order approving a Compromise and Release (C&R) settlement, alleging fraud and malpractice by his former attorney. The Appeals Board denied reconsideration, finding the applicant failed to prove fraud, mutual mistake, duress, or undue influence to set aside the C&R. Although the Board noted procedural concerns regarding the ex parte submission of the C&R by the applicant's former counsel after being dismissed, it concluded the applicant received due process at a subsequent hearing and failed to establish good cause to rescind the settlement. The applicant's petition was also subject to dismissal for lack of proper verification.
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