Home/Case Law/SANTIAGO MARTINEZ vs. FOSTER FARMS
Regular DecisionReconsideration

SANTIAGO MARTINEZ vs. FOSTER FARMS

Filed: Sep 08, 2017
Fresno
ADJ10448560

CompFox AI Summary

The applicant sought reconsideration of an approved compromise and release settlement due to feeling pressured by his attorney and believing the award breakdown was incorrect. The Appeals Board found that while the defendant paid the settlement proceeds correctly, the applicant's allegations of duress lacked specific evidence or sworn testimony. Therefore, the Board dismissed the applicant's petition, suggesting the WCJ should treat it as a motion to set aside the settlement and hold a hearing for the applicant to present evidence. This dismissal is without prejudice to the applicant pursuing proper avenues to challenge the settlement based on future evidence.

Full Decision Text1 Pages

The applicant sought reconsideration of an approved compromise and release settlement due to feeling pressured by his attorney and believing the award breakdown was incorrect. The Appeals Board found that while the defendant paid the settlement proceeds correctly, the applicant's allegations of duress lacked specific evidence or sworn testimony. Therefore, the Board dismissed the applicant's petition, suggesting the WCJ should treat it as a motion to set aside the settlement and hold a hearing for the applicant to present evidence. This dismissal is without prejudice to the applicant pursuing proper avenues to challenge the settlement based on future evidence.

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SANTIAGO MARTINEZ vs. FOSTER FARMS (2017) – Fresno | CompFox