Home/Case Law/LINDA MEISEL vs. KOHL'S DEPARTMENT STORE, NEW HAMPSHIRE INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT
Regular DecisionRemoval

LINDA MEISEL vs. KOHL'S DEPARTMENT STORE, NEW HAMPSHIRE INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT

Filed: Apr 29, 2014
Oxnard
ADJ9220592

CompFox AI Summary

The Workers' Compensation Appeals Board denied Kohl's Department Store's Petition for Removal. The Board found that the defendant's claim of due process violation was unpersuasive, as it is well-established that a judge must inquire into the adequacy of Compromise and Release agreements. The Board noted that the defendant had multiple opportunities to address the adequacy issues and that the upcoming trial on adequacy would provide a forum to present arguments. Finally, the Board ordered that the Pre-Trial Conference Statement be served on the applicant.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Kohl's Department Store's Petition for Removal. The Board found that the defendant's claim of due process violation was unpersuasive, as it is well-established that a judge must inquire into the adequacy of Compromise and Release agreements. The Board noted that the defendant had multiple opportunities to address the adequacy issues and that the upcoming trial on adequacy would provide a forum to present arguments. Finally, the Board ordered that the Pre-Trial Conference Statement be served on the applicant.

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LINDA MEISEL vs. KOHL'S DEPARTMENT STORE, NEW HAMPSHIRE INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT (2014) – Oxnard | CompFox