CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was untimely filed. The applicant sought to overturn a settlement, alleging fraud by her attorney and coercion. Despite the dismissal of reconsideration, the WCAB remanded the case to the trial judge. This is to allow a hearing on whether the petition can be treated as a request to vacate the settlement based on fraud. The judge will determine if jurisdiction exists to set aside the original order approving the compromise and release.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was untimely filed. The applicant sought to overturn a settlement, alleging fraud by her attorney and coercion. Despite the dismissal of reconsideration, the WCAB remanded the case to the trial judge. This is to allow a hearing on whether the petition can be treated as a request to vacate the settlement based on fraud. The judge will determine if jurisdiction exists to set aside the original order approving the compromise and release.
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