CompFox AI Summary
The Workers' Compensation Appeals Board granted the applicant's petition to reconsider an approved Compromise and Release (C&R). The applicant claimed he did not understand that the settlement included waiving his Labor Code section 132a discrimination claim. The Board found that it was unclear if the parties intended to resolve the 132a claim, especially given the boilerplate language in Addendum B and the lack of inquiry into the applicant's understanding. Consequently, the Board rescinded the approval order and returned the matter to the trial level for an evidentiary hearing on the circumstances surrounding the C&R's execution.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the applicant's petition to reconsider an approved Compromise and Release (C&R). The applicant claimed he did not understand that the settlement included waiving his Labor Code section 132a discrimination claim. The Board found that it was unclear if the parties intended to resolve the 132a claim, especially given the boilerplate language in Addendum B and the lack of inquiry into the applicant's understanding. Consequently, the Board rescinded the approval order and returned the matter to the trial level for an evidentiary hearing on the circumstances surrounding the C&R's execution.
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