Home/Case Law/CEDRIC LOWE vs. COAST PEST CONTROL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, CAL COMP INSURANCE COMPANY
Regular DecisionReconsideration

CEDRIC LOWE vs. COAST PEST CONTROL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, CAL COMP INSURANCE COMPANY

Filed: Nov 15, 2013
Marina Del Rey
ADJ3387227 (MON 0295804), ADJ340230 (MON 0359318), ADJ4438623 (MON 0359321)

CompFox AI Summary

The Appeals Board denied the defendant's petition for reconsideration of an order approving a $225,883.23 Compromise and Release (C&R) settlement. The defendant argued the C&R was procedurally defective and based on a mutual mistake regarding permanent disability advances. However, the C&R explicitly did not include a credit for these advances, and the inclusion of a Medicare set-aside made such a credit unlikely to have been agreed upon by the applicant. Therefore, the Board found no basis for reconsideration.

Full Decision Text1 Pages

The Appeals Board denied the defendant's petition for reconsideration of an order approving a $225,883.23 Compromise and Release (C&R) settlement. The defendant argued the C&R was procedurally defective and based on a mutual mistake regarding permanent disability advances. However, the C&R explicitly did not include a credit for these advances, and the inclusion of a Medicare set-aside made such a credit unlikely to have been agreed upon by the applicant. Therefore, the Board found no basis for reconsideration.

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