Home/Case Law/LUIS OSUNA vs. COLOR GRAPHICS, INC., GALLAGHER BASSETT SERVICES
Regular DecisionReconsideration

LUIS OSUNA vs. COLOR GRAPHICS, INC., GALLAGHER BASSETT SERVICES

Filed: Jul 23, 2015
ADJ478277 (LAO 0857795)

CompFox AI Summary

Defendant Gallagher Bassett Services sought reconsideration of a Compromise and Release (C&R) approval, alleging an error in permanent disability advances due to oversight of attorney fees. The Board dismissed the petition as untimely because it was filed more than 20 days after the C&R was issued, and the defendant failed to provide proof of actual receipt after asserting defective service. Even if considered on its merits, the Board would have denied the petition, as the calculation error was a unilateral mistake by the defendant and not grounds for setting aside the C&R.

Full Decision Text1 Pages

Defendant Gallagher Bassett Services sought reconsideration of a Compromise and Release (C&R) approval, alleging an error in permanent disability advances due to oversight of attorney fees. The Board dismissed the petition as untimely because it was filed more than 20 days after the C&R was issued, and the defendant failed to provide proof of actual receipt after asserting defective service. Even if considered on its merits, the Board would have denied the petition, as the calculation error was a unilateral mistake by the defendant and not grounds for setting aside the C&R.

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