CompFox AI Summary
The Appeals Board denied the applicant's petition for reconsideration of a Compromise and Release (C&R) settlement. The applicant, claiming language barriers and misunderstanding, argued the settlement was inadequate and sought to set it aside. While the Board found the applicant's filing did not meet the criteria for reconsideration, they are returning the case to the trial level. This will allow the judge to consider the applicant's April 7, 2009 letter as a petition to reopen the C&R for good cause, such as alleged fraud or misunderstanding. The applicant will bear the burden of proving her allegations with evidence to justify setting aside the settlement.
Full Decision Text1 Pages
The Appeals Board denied the applicant's petition for reconsideration of a Compromise and Release (C&R) settlement. The applicant, claiming language barriers and misunderstanding, argued the settlement was inadequate and sought to set it aside. While the Board found the applicant's filing did not meet the criteria for reconsideration, they are returning the case to the trial level. This will allow the judge to consider the applicant's April 7, 2009 letter as a petition to reopen the C&R for good cause, such as alleged fraud or misunderstanding. The applicant will bear the burden of proving her allegations with evidence to justify setting aside the settlement.
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