Armida Puga vs. C&d Aerospace Risk Enterprise Management For Atlantic Mutual Insurance Company; Gab Robbins For California Casualty Insurance Company & Superior National Insurance Company, In Liquidation And Administered By The California Insurance Guarantee Association

In this case, Armida Puga is appealing a decision by the Workers' Compensation Appeals Board to rescind an Order Approving Compromise and Release issued by the WCJ on January 26, 2011. The defendant, Atlantic Mutual Insurance Co., is seeking reconsideration of the rescission, arguing that there is no basis for any party to withdraw from the compromise and release. The WCJ noted that there was no mutual mistake of fact and that the third party administrator for Atlantic Mutual had known since the MSC of November 16, 2011 that their principal was in rehabilitation. The WCJ recommended that the rescission be rescinded and the original Order Approving Compromise and Release be reinstated. The Appeals Board granted removal, rescinded

C&D Aerospace Risk Enterprise Management for Atlantic Mutual Insurance Company; Gab Robbins for California Casualty Insurance Company & Superior National Insurance Company, in liquidation and administered by the California Insurance Guarantee Association Armida Puga WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARMIDA PUGA, Applicantvs.C&D AEROSPACE RISK ENTERPRISE MANAGEMENT for ATLANTIC MUTUAL INSURANCE COMPANY; GAB ROBBINS for CALIFORNIA CASUALTY INSURANCE COMPANY & SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation and administered by the CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Defendants.Case Nos. ADJ1306333 (LAO 0818594)ADJ719747 (LAO 0818595)ADJ2637714 (LAO 0865003)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION; GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Defendant, Atlantic Mutual Insurance Co., seeks reconsideration of the “Order Rescinding Order Approving Compromise & Release”, wherein the workers’ compensation administrative la judge (WCJ) noted that “a material mistake of fact may have occurred or a party deprived of due process” and rescinded the Order Approving Compromise and Release issued January 26, 2011.            Defendant contends that the WCJ erred by rescinding the prior Order Approving Compromise and Release arguing that “there is no basis, factual or legal, to allow any party to withdraw from the compromise and release” and that “the Order Rescinding was issued only on one case while the Order Approving Compromise and Release was the Joint Order approving on three cases” (ADJ2637714, ADJ1306333, ADJ719747.)            In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted, beginning at page 5: “The factual scenario is clear: There is no mutual mistake of fact. Indeed, there appears to be no mistake of fact at all, at least in the sense of evidentiary fact. What appears to have happened is ,  that REM gave its attorney authority to settle the case, then incr

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