FRANCISCO OROZCO vs. EXTRA SPACE MANAGEMENT, INC., TRISTAR RISK MANAGEMENT

This case concerns a defendant's petition to set aside a Compromise and Release (C&R) agreement approved by the WCJ. The Appeals Board granted reconsideration due to clerical errors in a prior dismissal order. The Board rescinded that prior order, and then dismissed the defendant's petition because it lacked sworn evidence to support allegations of mutual mistake or fraud. The Board remanded the matter for the WCJ to treat the petition as a motion to set aside the C&R and to schedule a hearing for the defendant to present evidence.