Home/Case Law/ANTONIO AGUIRRE vs. CAPITAL BUILDERS, LIBERTY MUTUAL INSURANCE
Regular DecisionRemoval

ANTONIO AGUIRRE vs. CAPITAL BUILDERS, LIBERTY MUTUAL INSURANCE

Filed: Nov 04, 2016
Oakland
ADJ9496258

CompFox AI Summary

The defendant sought removal of a WCJ's order compelling the claims adjuster's appearance to determine the adequacy of a Compromise and Release (C&R). However, the parties subsequently withdrew the original C&R due to a change in the applicant's condition. They then submitted and obtained approval for a new C&R that settled the case for a larger sum. Since the issue requiring the adjuster's presence was resolved by the withdrawal of the original C&R and approval of a new settlement, the defendant's Petition for Removal is dismissed as moot.

Full Decision Text1 Pages

The defendant sought removal of a WCJ's order compelling the claims adjuster's appearance to determine the adequacy of a Compromise and Release (C&R). However, the parties subsequently withdrew the original C&R due to a change in the applicant's condition. They then submitted and obtained approval for a new C&R that settled the case for a larger sum. Since the issue requiring the adjuster's presence was resolved by the withdrawal of the original C&R and approval of a new settlement, the defendant's Petition for Removal is dismissed as moot.

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ANTONIO AGUIRRE vs. CAPITAL BUILDERS, LIBERTY MUTUAL INSURANCE (2016) – Oakland | CompFox