Home/Case Law/JENNIFER CARLSON-WELLER vs. SILVER'S AT THE WHARF, CYPRESS INSURANCE COMPANY
Regular DecisionReconsideration

JENNIFER CARLSON-WELLER vs. SILVER'S AT THE WHARF, CYPRESS INSURANCE COMPANY

Filed: Jun 27, 2017
Santa Rosa
ADJ2645182

CompFox AI Summary

Applicant sought reconsideration of an approved Compromise & Release, asserting a change of mind and desire for continued medical treatment. The Board dismissed the petition because the applicant failed to present evidence of good cause, such as mutual mistake, duress, fraud, or undue influence, to set aside the agreement. The Board recommended the WCJ treat the petition as a motion to set aside, requiring a hearing for the applicant to present supporting evidence. Any decision on that motion would then be subject to reconsideration.

Full Decision Text1 Pages

Applicant sought reconsideration of an approved Compromise & Release, asserting a change of mind and desire for continued medical treatment. The Board dismissed the petition because the applicant failed to present evidence of good cause, such as mutual mistake, duress, fraud, or undue influence, to set aside the agreement. The Board recommended the WCJ treat the petition as a motion to set aside, requiring a hearing for the applicant to present supporting evidence. Any decision on that motion would then be subject to reconsideration.

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JENNIFER CARLSON-WELLER vs. SILVER'S AT THE WHARF, CYPRESS INSURANCE COMPANY (2017) – Santa Rosa | CompFox