What the panel ordered
Petition for Reconsideration granted solely to clarify that petition to set aside the Compromise and Release is denied; Findings and Order of February 19, 2025 affirmed except as amended to deny petition to set aside settlement.
Petition for Reconsideration filed by applicant challenging the Findings and Order of February 19, 2025; WCJ issued Findings and Order denying relief from settlement; WCJ Report recommended denial of reconsideration; WCAB granted reconsideration solely to clarify denial of petition to set aside settlement.
This docket was decided more than once. Shown here is the latest released decision; we also hold August 21, 2023.
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.
Applicant failed to prove fraud, duress, or mutual mistake to set aside the settlement; applicant understood the terms and was not forced to sign; settlement finality rule applies.
From the decision · page 1Applicant now seeks reconsideration of the Findings and Order (Order) issued on February 19, 2025 by a workers' compensation administrative law judge (WCJ), wherein the WCJ found, in pertinent part, that there was no fraud, mistake or duress in this case that induced applicant to sign the settlement agreement, the WCJ has no jurisdiction over disputes with the EDD or Bank of America, there are no grounds to correct or augment the record, applicant's Exhibits A through Z, a second set of A & B and Exhibits A1 and A2 are inadmissible in evidence, and all other issues are moot or were resolved in the Compromise and Release (C&R). The WCJ issued an order that applicant take nothing, and the parties adjust the amount of the medical legal liens and costs, if any remain.