Home/Case Law/FRANCISCO ALVARADO vs. E. &J. GALLO WINERY WORKERS' COMPENSATION, E. &J. GALLO WINERY
Regular DecisionReconsideration

FRANCISCO ALVARADO vs. E. &J. GALLO WINERY WORKERS' COMPENSATION, E. &J. GALLO WINERY

Filed: Dec 18, 2017
Fresno
ADJ9924944, ADJ9586539, ADJ9642399

CompFox AI Summary

This case involves a defendant seeking reconsideration of an order approving a Compromise and Release (C&R) settlement. The defendant claims they discovered a prior, unaddressed injury after executing the C&R but before its approval, and sought to withdraw consent. The WCAB granted reconsideration, finding the record insufficient to determine if the defendant had a due process right to present evidence regarding the discovered injury. The matter was remanded for a new hearing to establish the facts surrounding the C&R's execution and submission, and the parties' intentions.

Full Decision Text1 Pages

This case involves a defendant seeking reconsideration of an order approving a Compromise and Release (C&R) settlement. The defendant claims they discovered a prior, unaddressed injury after executing the C&R but before its approval, and sought to withdraw consent. The WCAB granted reconsideration, finding the record insufficient to determine if the defendant had a due process right to present evidence regarding the discovered injury. The matter was remanded for a new hearing to establish the facts surrounding the C&R's execution and submission, and the parties' intentions.

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FRANCISCO ALVARADO vs. E. &J. GALLO WINERY WORKERS' COMPENSATION, E. &J. GALLO WINERY (2017) – Fresno | CompFox