CompFox AI Summary
The defendant appealed a WCJ's award of a penalty and attorney fees, arguing a Compromise and Release (C&R) intended to settle all claims, including prior attorney fees. The Appeals Board granted reconsideration, rescinding the WCJ's decision. They found that while the defendant's failure to list prior attorney fees in the C&R was a drafting mistake, there was a genuine dispute regarding payment, thus precluding penalties and attorney fees under Labor Code sections 5814 and 5814.5. The defendant remains liable for the unpaid balance of the C&R plus interest.
Full Decision Text1 Pages
The defendant appealed a WCJ's award of a penalty and attorney fees, arguing a Compromise and Release (C&R) intended to settle all claims, including prior attorney fees. The Appeals Board granted reconsideration, rescinding the WCJ's decision. They found that while the defendant's failure to list prior attorney fees in the C&R was a drafting mistake, there was a genuine dispute regarding payment, thus precluding penalties and attorney fees under Labor Code sections 5814 and 5814.5. The defendant remains liable for the unpaid balance of the C&R plus interest.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.