Home/Case Law/Robert O'Hare vs. OVERNITE TRANSPORTATION, GALLAGHER BASSETT SERVICES, INC.
Regular DecisionReconsideration

Robert O'Hare vs. OVERNITE TRANSPORTATION, GALLAGHER BASSETT SERVICES, INC.

Filed: Apr 06, 2009
ADJ2161557 (VNO 0502907) ADJ2140125 (VNO 0539282)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to set aside an approved Compromise and Release (OAC&R) due to a discrepancy in reported permanent disability indemnity advances. The defendant claimed the applicant received $$7,655$ in advances, not the $$1,000$ stated in the OAC&R. The Board found potential mutual mistake of fact and rescinded the OAC&R, returning the case for either a new settlement or further litigation. The Board's authority to review timely reconsideration petitions allows for rescission even without a showing of traditional "good cause" like fraud.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to set aside an approved Compromise and Release (OAC&R) due to a discrepancy in reported permanent disability indemnity advances. The defendant claimed the applicant received $$7,655$ in advances, not the $$1,000$ stated in the OAC&R. The Board found potential mutual mistake of fact and rescinded the OAC&R, returning the case for either a new settlement or further litigation. The Board's authority to review timely reconsideration petitions allows for rescission even without a showing of traditional "good cause" like fraud.

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Robert O'Hare vs. OVERNITE TRANSPORTATION, GALLAGHER BASSETT SERVICES, INC. (2009) – | CompFox