Home/Case Law/MILTON LEWIS vs. BARLOW RESPIRATORY HOSPITAL, ZENITH INSURANCE COMPANY
Regular DecisionReconsideration

MILTON LEWIS vs. BARLOW RESPIRATORY HOSPITAL, ZENITH INSURANCE COMPANY

Filed: Aug 31, 2015
Los Angeles
ADJ7825020

CompFox AI Summary

This case concerns a lien claimant's petition for reconsideration of a stipulation and order where they agreed to accept $1,000.00 in full satisfaction of their lien. The lien claimant argued the stipulation was entered into by unilateral mistake as their representative lacked authorization. The Workers' Compensation Appeals Board denied reconsideration, finding the claimant failed to present evidence of unilateral mistake or to properly seek to set aside the stipulation. Furthermore, the claimant did not plead sufficient facts to support a unilateral mistake claim, such as the opposing party's knowledge and advantage, nor did they demonstrate they fulfilled their legal duty of reasonable inquiry.

Full Decision Text1 Pages

This case concerns a lien claimant's petition for reconsideration of a stipulation and order where they agreed to accept $1,000.00 in full satisfaction of their lien. The lien claimant argued the stipulation was entered into by unilateral mistake as their representative lacked authorization. The Workers' Compensation Appeals Board denied reconsideration, finding the claimant failed to present evidence of unilateral mistake or to properly seek to set aside the stipulation. Furthermore, the claimant did not plead sufficient facts to support a unilateral mistake claim, such as the opposing party's knowledge and advantage, nor did they demonstrate they fulfilled their legal duty of reasonable inquiry.

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