Home/Case Law/Jose Gutierrez vs. Southern Building Maintenance, Granite State Insurance Company, administered by CHARTIS, Expert Development Services, State Fund Insurance Fund
Regular Decision

Jose Gutierrez vs. Southern Building Maintenance, Granite State Insurance Company, administered by CHARTIS, Expert Development Services, State Fund Insurance Fund

Filed: Apr 20, 2010
ADJ4476816 (LAO 0833665) ADJ3061442 (LAO 0876935)

CompFox AI Summary

This case involves Jose Gutierrez's petition for reconsideration of a Compromise and Release settlement, alleging fraud due to the absence of a Spanish interpreter. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was untimely filed, submitted well after the statutory deadline. Additionally, the petition lacked the required verification under Labor Code section 5902. Even if timely and verified, the WCAB indicated it would have denied the petition on its merits based on the Workers' Compensation Judge's report.

Full Decision Text1 Pages

This case involves Jose Gutierrez's petition for reconsideration of a Compromise and Release settlement, alleging fraud due to the absence of a Spanish interpreter. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was untimely filed, submitted well after the statutory deadline. Additionally, the petition lacked the required verification under Labor Code section 5902. Even if timely and verified, the WCAB indicated it would have denied the petition on its merits based on the Workers' Compensation Judge's report.

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