Home/Case Law/OMAR ALVAREZ vs. BJ COLLECTION, INC., EMPLOYERS COMPENSATION INSURANCE
Regular DecisionReconsideration

OMAR ALVAREZ vs. BJ COLLECTION, INC., EMPLOYERS COMPENSATION INSURANCE

Filed: Oct 18, 2012
Los Angeles
ADJ8054165

CompFox AI Summary

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of an order approving a $5,000 compromise and release settlement. The applicant, who represented himself and claims the agreement was procured by force, now has legal counsel. The Board rescinded the original order, returning the case to the trial level for the WCJ to determine if the settlement should be reinstated, especially given issues with the defendant's signature and the applicant's potential lack of an interpreter. The WCJ will assess grounds like fraud, mistake, duress, or undue influence to decide if the compromise and release remains valid.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of an order approving a $5,000 compromise and release settlement. The applicant, who represented himself and claims the agreement was procured by force, now has legal counsel. The Board rescinded the original order, returning the case to the trial level for the WCJ to determine if the settlement should be reinstated, especially given issues with the defendant's signature and the applicant's potential lack of an interpreter. The WCJ will assess grounds like fraud, mistake, duress, or undue influence to decide if the compromise and release remains valid.

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