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The Workers' Compensation Appeals Board granted reconsideration and affirmed an order reinstating a Compromise and Release settlement. The defendant sought to deduct additional permanent disability advances beyond what was initially approved, claiming a mutual mistake. However, the Board found the discrepancy to be a unilateral mistake by the defendant, who drafted the agreement and failed to prove applicant's knowledge or exploitation of the error. Consequently, the Board ordered the reinstatement of the original settlement, amended only to correct a clerical omission of a case number.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and affirmed an order reinstating a Compromise and Release settlement. The defendant sought to deduct additional permanent disability advances beyond what was initially approved, claiming a mutual mistake. However, the Board found the discrepancy to be a unilateral mistake by the defendant, who drafted the agreement and failed to prove applicant's knowledge or exploitation of the error. Consequently, the Board ordered the reinstatement of the original settlement, amended only to correct a clerical omission of a case number.
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