Home/Case Law/MARIA VILLICANA vs. MOPKIN, uninsured, MITSUWA MARKETPLACE, SOMPO JAPAN INSURANCE COMPANY OF AMERICA, BROADSPIRE
Regular DecisionReconsideration

MARIA VILLICANA vs. MOPKIN, uninsured, MITSUWA MARKETPLACE, SOMPO JAPAN INSURANCE COMPANY OF AMERICA, BROADSPIRE

Filed: Mar 19, 2019
Long Beach
ADJ9171209

CompFox AI Summary

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, finding that neither party can unilaterally withdraw from a fully executed Compromise and Release settlement agreement before it is approved or disapproved. The Board rescinded the prior order suspending the settlement and clarified that the agreement remains binding until a formal decision is made. The case was returned to the trial level for a hearing to determine the adequacy of the settlement. The applicant's original finding, stating she could not withdraw, was affirmed but amended to apply to both parties.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, finding that neither party can unilaterally withdraw from a fully executed Compromise and Release settlement agreement before it is approved or disapproved. The Board rescinded the prior order suspending the settlement and clarified that the agreement remains binding until a formal decision is made. The case was returned to the trial level for a hearing to determine the adequacy of the settlement. The applicant's original finding, stating she could not withdraw, was affirmed but amended to apply to both parties.

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