Home/Case Law/DAVID MARQUEZ vs. PACKAGING CORPORATION OF AMERICA, ZURICH INSURANCE COMPANY, GALLAGHER BASSETT
Regular DecisionReconsideration

DAVID MARQUEZ vs. PACKAGING CORPORATION OF AMERICA, ZURICH INSURANCE COMPANY, GALLAGHER BASSETT

Filed: Jul 07, 2017
Los Angeles
ADJ7096356

CompFox AI Summary

The Workers' Compensation Appeals Board denied David Marquez's petition for reconsideration of an order approving a compromise and release settlement. Marquez sought to set aside the settlement, alleging mutual mistake regarding the resolution of Section 5710 fees and a Civil Code Section 1542 release. The Board found no evidence of good cause for rescission based on mutual mistake, affirming the WCJ's report. However, the Board noted a separate petition to set aside the addendum and remanded it for a hearing to allow Marquez to present evidence.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied David Marquez's petition for reconsideration of an order approving a compromise and release settlement. Marquez sought to set aside the settlement, alleging mutual mistake regarding the resolution of Section 5710 fees and a Civil Code Section 1542 release. The Board found no evidence of good cause for rescission based on mutual mistake, affirming the WCJ's report. However, the Board noted a separate petition to set aside the addendum and remanded it for a hearing to allow Marquez to present evidence.

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DAVID MARQUEZ vs. PACKAGING CORPORATION OF AMERICA, ZURICH INSURANCE COMPANY, GALLAGHER BASSETT (2017) – Los Angeles | CompFox