Home/Case Law/KAI-SEN TSAI vs. SUN SALES LA, INC., UNINSURED EMPLOYERS BENEFIT TRUST FUND, Rosa Lam
Regular DecisionReconsideration

KAI-SEN TSAI vs. SUN SALES LA, INC., UNINSURED EMPLOYERS BENEFIT TRUST FUND, Rosa Lam

Filed: Feb 14, 2011
San Francisco
ADJ1959622 (AHM 0143618) ADJ3555484 (AHM 0143619)

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed Rosa Lam's petition for reconsideration of an approved Compromise and Release because it was filed untimely. Lam, acting "in pro per" despite being represented by counsel, alleged fraud, non-industrial causes, witness credibility issues, and ineffective assistance of her attorney who allegedly coerced her into signing the settlement. The Board found the petition was filed 29 days after the order, exceeding the 20-day jurisdictional deadline. Even if timely, the Board would have denied it, as ineffective assistance of counsel is not grounds to set aside an order and no undue influence was demonstrated.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed Rosa Lam's petition for reconsideration of an approved Compromise and Release because it was filed untimely. Lam, acting "in pro per" despite being represented by counsel, alleged fraud, non-industrial causes, witness credibility issues, and ineffective assistance of her attorney who allegedly coerced her into signing the settlement. The Board found the petition was filed 29 days after the order, exceeding the 20-day jurisdictional deadline. Even if timely, the Board would have denied it, as ineffective assistance of counsel is not grounds to set aside an order and no undue influence was demonstrated.

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