Home/Case Law/JOSE CERVANTES vs. GIUMARRA VINEYARDS, THE HARTFORD INSURANCE COMPANY
Regular DecisionReconsideration

JOSE CERVANTES vs. GIUMARRA VINEYARDS, THE HARTFORD INSURANCE COMPANY

Filed: Apr 12, 2011
San Francisco
ADJ6590057

CompFox AI Summary

The Appeals Board granted reconsideration to set aside an Order Approving Compromise & Release (OAC&R). The defendant sought to rescind the OAC&R due to newly discovered information suggesting the applicant may have used aliases and had a post-injury felony conviction, which could impact his credibility and the settlement's validity. The Board has broad discretion on a petition for reconsideration and found these allegations, though vague, warranted further investigation. Therefore, the OAC&R was rescinded, and the case was returned to the trial level for additional proceedings.

Full Decision Text1 Pages

The Appeals Board granted reconsideration to set aside an Order Approving Compromise & Release (OAC&R). The defendant sought to rescind the OAC&R due to newly discovered information suggesting the applicant may have used aliases and had a post-injury felony conviction, which could impact his credibility and the settlement's validity. The Board has broad discretion on a petition for reconsideration and found these allegations, though vague, warranted further investigation. Therefore, the OAC&R was rescinded, and the case was returned to the trial level for additional proceedings.

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JOSE CERVANTES vs. GIUMARRA VINEYARDS, THE HARTFORD INSURANCE COMPANY (2011) – San Francisco | CompFox