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Case No. ADJ7423046

Regular

Aug 20, 2012

MITCHELL CONTE vs. LYONS MAGNUS, INC., TRISTAR RISK MANAGEMENT, AMERICAN ZURICH INSURANCE COMPANY

This case concerns a lien claimant's petition for removal, which the Appeals Board denied. The lien claimant sought to compel discovery of documents from the defendant employer, but their request was deemed "grossly overbroad." The Board noted the lien claimant could have obtained medical reports directly and is not entitled to other documents as they are not a party. The Board also admonished both parties for boilerplate filings that wasted the Board's time.

Petition for RemovalPetition to QuashFirst Request for Production of DocumentsWorkers' Compensation Appeals BoardLien ClaimantOverbroad DiscoveryWCJWalk-through DocumentDeclaration of ReadinessMedical Reports

References

Case No. ADJ10199969

Regular

Jun 13, 2017

RAYMUNDO FERNANDEZ vs. MBM CORP., ACE AMERICAN, SEDGWICK CMS

The Workers' Compensation Appeals Board granted the applicant's petition to reconsider an approved Compromise and Release (C&R). The applicant claimed he did not understand that the settlement included waiving his Labor Code section 132a discrimination claim. The Board found that it was unclear if the parties intended to resolve the 132a claim, especially given the boilerplate language in Addendum B and the lack of inquiry into the applicant's understanding. Consequently, the Board rescinded the approval order and returned the matter to the trial level for an evidentiary hearing on the circumstances surrounding the C&R's execution.

Compromise and ReleasePetition for ReconsiderationLabor Code Section 132aDiscriminationSet Aside OrderGood CauseRescind OrderWalk-through BasisAddendum BBoilerplate Language

References

Case No. ADJ498505 (SFO 0420916) ADJ6979901

Regular

Feb 27, 2012

DEBORAH ROLLINS vs. COUNTY OF SOLANO

This case concerns applicant Deborah Rollins' petition to reconsider the denial of her request to set aside a Compromise and Release (C&R) agreement. The WCAB denied reconsideration, upholding the original decision that the C&R, including a broad general release of claims, was valid and could not be set aside. Applicant argued the general release was boilerplate, she was unaware of its scope, and she was incompetent due to her medical condition. The Board found the general release enforceable based on the applicant's signature and her attorney's testimony that it was explained. The Board also found insufficient evidence of incompetency or grounds for unilateral mistake to invalidate the agreement.

Compromise and ReleaseGeneral ReleaseSet Aside AgreementLabor Code section 5803IncompetencyUnilateral Mistake of FactBoilerplate LanguagePetition for ReconsiderationOrder Approving Compromise and ReleaseGood Cause

References

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MITCHELL CONTE vs. LYONS MAGNUS, INC., TRISTAR RISK MANAGEMENT, AMERICAN ZURICH INSURANCE COMPANY

RAYMUNDO FERNANDEZ vs. MBM CORP., ACE AMERICAN, SEDGWICK CMS

Compromise and ReleasePetition for ReconsiderationLabor Code Section 132aDiscriminationSet Aside OrderGood CauseRescind OrderWalk-through BasisAddendum BBoilerplate Language

DEBORAH ROLLINS vs. COUNTY OF SOLANO