CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded a Joint Findings of Facts and Orders that had set aside a settlement agreement based on findings of duress and coercion by the applicant's former attorney. The WCAB found insufficient evidence in the record, particularly the absence of witness testimony and specific exhibits, to support a finding of duress or coercion by a preponderance of the evidence. The matter is returned to the trial level for applicant to present further evidence. Applicant's subsequent petition for reconsideration of the WCAB's decision to grant reconsideration was dismissed as moot.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded a Joint Findings of Facts and Orders that had set aside a settlement agreement based on findings of duress and coercion by the applicant's former attorney. The WCAB found insufficient evidence in the record, particularly the absence of witness testimony and specific exhibits, to support a finding of duress or coercion by a preponderance of the evidence. The matter is returned to the trial level for applicant to present further evidence. Applicant's subsequent petition for reconsideration of the WCAB's decision to grant reconsideration was dismissed as moot.
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