CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to set aside an approved Compromise and Release (OAC&R) due to a discrepancy in reported permanent disability indemnity advances. The defendant claimed the applicant received $$7,655$ in advances, not the $$1,000$ stated in the OAC&R. The Board found potential mutual mistake of fact and rescinded the OAC&R, returning the case for either a new settlement or further litigation. The Board's authority to review timely reconsideration petitions allows for rescission even without a showing of traditional "good cause" like fraud.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to set aside an approved Compromise and Release (OAC&R) due to a discrepancy in reported permanent disability indemnity advances. The defendant claimed the applicant received $$7,655$ in advances, not the $$1,000$ stated in the OAC&R. The Board found potential mutual mistake of fact and rescinded the OAC&R, returning the case for either a new settlement or further litigation. The Board's authority to review timely reconsideration petitions allows for rescission even without a showing of traditional "good cause" like fraud.
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