Home/Case Law/MANUEL ALEMAN vs. TOWER CLEANING SYSTEMS, INC., LIBERTY MUTUAL INSURANCE COMPANY
Regular DecisionReconsideration

MANUEL ALEMAN vs. TOWER CLEANING SYSTEMS, INC., LIBERTY MUTUAL INSURANCE COMPANY

Filed: Aug 16, 2010
San Francisco
ADJ6627328

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of an Order Approving Compromise & Release (OACR) due to potential procedural issues regarding the timeliness of the applicant's petition and the adequacy of the underlying settlement. The Board found the petition timely filed as service of the OACR was not properly documented. Furthermore, there were significant deficiencies in the medical evidence available to assess the OACR's adequacy, particularly concerning the applicant's claimed injuries to the psyche, neck, back, and neurological system. Consequently, the OACR was rescinded, and the case was returned to the trial level for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of an Order Approving Compromise & Release (OACR) due to potential procedural issues regarding the timeliness of the applicant's petition and the adequacy of the underlying settlement. The Board found the petition timely filed as service of the OACR was not properly documented. Furthermore, there were significant deficiencies in the medical evidence available to assess the OACR's adequacy, particularly concerning the applicant's claimed injuries to the psyche, neck, back, and neurological system. Consequently, the OACR was rescinded, and the case was returned to the trial level for further proceedings.

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