Home/Case Law/JOSE ALVARADO vs. INERGY SERVICES, ACE AMERICAN INSURANCE COMPANY C/O ESIS
Regular DecisionReconsideration

JOSE ALVARADO vs. INERGY SERVICES, ACE AMERICAN INSURANCE COMPANY C/O ESIS

Filed: Sep 23, 2010
San Francisco
ADJ1586983

CompFox AI Summary

The applicant sought reconsideration of a compromise and release agreement, alleging his signature was unwitnessed and thus invalid. However, the Workers' Compensation Appeals Board dismissed the petition because it was not verified as required by Labor Code section 5902. Furthermore, the applicant failed to serve the petition on the defendant as mandated by Labor Code section 5905, another independent ground for dismissal. Even if procedurally correct, the Board indicated it would have denied the petition on its merits based on the WCJ's report.

Full Decision Text1 Pages

The applicant sought reconsideration of a compromise and release agreement, alleging his signature was unwitnessed and thus invalid. However, the Workers' Compensation Appeals Board dismissed the petition because it was not verified as required by Labor Code section 5902. Furthermore, the applicant failed to serve the petition on the defendant as mandated by Labor Code section 5905, another independent ground for dismissal. Even if procedurally correct, the Board indicated it would have denied the petition on its merits based on the WCJ's report.

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