Home/Case Law/ARMIDA TAVARES vs. SUNRISE ASSISTED LIVING OF FRESNO, ROYAL AND SUN ALLIANCE INSURANCE COMPANY
Regular DecisionReconsideration

ARMIDA TAVARES vs. SUNRISE ASSISTED LIVING OF FRESNO, ROYAL AND SUN ALLIANCE INSURANCE COMPANY

Filed: Mar 27, 2015
Fresno
ADJ2756694 (FRE 0243528), ADJ1531921 (FRE 0217927)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior decision that dismissed the applicant's claims for neck, wrist, and hand injuries. The Board found that the applicant's attorney improperly dismissed these claims without her client's full consent or understanding during a settlement conference, which constituted "good cause" to reopen. The WCAB noted discrepancies in the signing of the stipulations and the ink color used for the dismissal language, supporting the applicant's claim of lack of authorization. The case is remanded for further proceedings on the dismissed body parts, and the WCJ is reminded of the requirement for a detailed opinion on decision.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior decision that dismissed the applicant's claims for neck, wrist, and hand injuries. The Board found that the applicant's attorney improperly dismissed these claims without her client's full consent or understanding during a settlement conference, which constituted "good cause" to reopen. The WCAB noted discrepancies in the signing of the stipulations and the ink color used for the dismissal language, supporting the applicant's claim of lack of authorization. The case is remanded for further proceedings on the dismissed body parts, and the WCJ is reminded of the requirement for a detailed opinion on decision.

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