Home/Case Law/JOSE FERNANDO GUTIERREZ vs. ACE MACHINE SHOP, ICW GROUP/ EXPLORER INSURANCE COMPANY
Regular DecisionRemoval

JOSE FERNANDO GUTIERREZ vs. ACE MACHINE SHOP, ICW GROUP/ EXPLORER INSURANCE COMPANY

Filed: Aug 29, 2017
Los Angeles
ADJ8651900 ADJ8649841 ADJ9547623 ADJ9547622

CompFox AI Summary

This case concerns a defendant's petition for removal of an order rescinding a previously approved Compromise and Release agreement. The applicant had alleged attorney pressure and non-disclosure of a psychiatric injury report, leading the WCJ to rescind the approval. The Appeals Board denied the removal petition, finding no substantial prejudice or irreparable harm to the defendant. The Board determined that reconsideration is an adequate remedy if the WCJ ultimately sets aside the agreement, and the matter will proceed to a status conference.

Full Decision Text1 Pages

This case concerns a defendant's petition for removal of an order rescinding a previously approved Compromise and Release agreement. The applicant had alleged attorney pressure and non-disclosure of a psychiatric injury report, leading the WCJ to rescind the approval. The Appeals Board denied the removal petition, finding no substantial prejudice or irreparable harm to the defendant. The Board determined that reconsideration is an adequate remedy if the WCJ ultimately sets aside the agreement, and the matter will proceed to a status conference.

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