Home/Case Law/NEIL ROBY vs. WALMART ASSOCIATES, INC.
Regular DecisionReconsideration

NEIL ROBY vs. WALMART ASSOCIATES, INC.

Filed: May 27, 2011
San Francisco
ADJ7372867

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of an order approving a $13,000 compromise and release for a knee injury claim. The applicant claims he received no monetary settlement and was told the knee injury was excluded. Crucially, the Board could not determine if the petition for reconsideration was timely due to a missing proof of service. The matter is returned to the trial level for the administrative law judge to address the timeliness of the petition and, if timely, to take evidence on the applicant's claims regarding the settlement.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of an order approving a $13,000 compromise and release for a knee injury claim. The applicant claims he received no monetary settlement and was told the knee injury was excluded. Crucially, the Board could not determine if the petition for reconsideration was timely due to a missing proof of service. The matter is returned to the trial level for the administrative law judge to address the timeliness of the petition and, if timely, to take evidence on the applicant's claims regarding the settlement.

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