CompFox AI Summary
The Applicant sought reconsideration of an approved Compromise and Release, alleging denial of due process due to her attorney's absence when signing and misunderstanding its nature. The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration as premature. The WCAB agreed with the judge that the Applicant's due process concerns require a hearing at the trial level to present evidence regarding setting aside the settlement. Any party aggrieved by a subsequent trial level decision can then properly seek reconsideration.
Full Decision Text1 Pages
The Applicant sought reconsideration of an approved Compromise and Release, alleging denial of due process due to her attorney's absence when signing and misunderstanding its nature. The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration as premature. The WCAB agreed with the judge that the Applicant's due process concerns require a hearing at the trial level to present evidence regarding setting aside the settlement. Any party aggrieved by a subsequent trial level decision can then properly seek reconsideration.
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