Home/Case Law/RUSSELL MITCHELL (Deceased); JEANNETE MITCHELL (Dependent) vs. CITY OF LOS ANGELES, Permissibly Self-Insured
Regular DecisionReconsideration

RUSSELL MITCHELL (Deceased); JEANNETE MITCHELL (Dependent) vs. CITY OF LOS ANGELES, Permissibly Self-Insured

Filed: Jan 13, 2017
Pomona
ADJ10591383

CompFox AI Summary

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration of an order approving a compromise and release agreement for a dependency claim. The city argued the agreement was based on a mistake of fact regarding the date of injury, leading to an incorrect settlement amount. However, the Board found the city failed to demonstrate a valid legal basis for reconsideration, citing the parties' failure to exercise due diligence in drafting and reviewing the agreement. The Board concluded that the alleged mistake was unilateral and attributable to the defendant's lack of diligence.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration of an order approving a compromise and release agreement for a dependency claim. The city argued the agreement was based on a mistake of fact regarding the date of injury, leading to an incorrect settlement amount. However, the Board found the city failed to demonstrate a valid legal basis for reconsideration, citing the parties' failure to exercise due diligence in drafting and reviewing the agreement. The Board concluded that the alleged mistake was unilateral and attributable to the defendant's lack of diligence.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

RUSSELL MITCHELL (Deceased); JEANNETE MITCHELL (Dependent) vs. CITY OF LOS ANGELES, Permissibly Self-Insured (2017) – Pomona | CompFox