What the panel ordered
Petition for Reconsideration denied by WCAB panel, affirming WCJ's denial of setting aside the order approving compromise and release.
Petition for Reconsideration filed by applicant to set aside the order approving compromise and release, denied by WCJ and appealed to WCAB panel.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Reconsideration / removalDefendant prevailedupper extremities · back
Applicant failed to establish good cause such as fraud, duress, or undue influence to set aside the order approving compromise and release, which had become final.
From the decision · page 4It is well-settled that a request to set aside an Order Approving Compromise and Release after it has become final will not be granted, absent a showing of good cause. Such a showing must generally consist of the existence of fraud, mutual mistake of fact, duress or undue influence. (See Smith v. Workers' Comp. Appeals Bd. (1985) 168 Cal.App.3d 1160 [50 Cal.Comp.Cases 311]; Carmichael v. Industrial Acc. Com. (1965) 234 Cal.App.2d 311 [30 Cal.Comp.Cases 169]; Silva v. Industrial Acc. Com. (1924) 68 Cal. App. 510 [11 IAC 266]. See also City of Beverly Hills v. Workers' Comp. Appeals Bd. (Dowdle) (1997) 62 Cal.Comp.Cases 1691 (writ denied); Bullocks, Inc. v. Industrial Acc. Com. (1951) 16 Cal.Comp.Cases 253 (writ denied); Pac. Indem. Co. v. Industrial Acc. Com. (Forrest) (1946) 11 Cal.Comp.Cases 117 (writ denied).)