Stockton, CA asked in Employment Law and Workers' Compensation for California

Q: I was injured at work. And the day I was supposed to go back to work I was let go. I can explain more.

The reason was because no call no show. Now I sign an agreement with workers comp but came back and thought about it and knew it was wrong. Can I get help

1 Lawyer Answer

A: You signed an agreement 'with workers comp'??? if the WCAB Judge approved the agreement you only have a few days after the judge approves it to Petition to Set Aside for Mistake. AND you have to show there is a mistake. IF THE JUDGE has not yet approved the agreement then you need to write the WCAB Judge and immediately withdraw your consent to the agreement: if you don't have a lawyer you better see the Information & ASsistance officer immediately, if you do have an atty you better put in writing that you withdraw you consent to the settlement and to pull it away from the judge before the judge approves it. If that's a phone message the attorney may not receive it in time, so this communication needs to be a fax in writing. IF THE JUDGE approved the settlement 20 days ago and you have your settlement check, you could try returning the check and requesting a hearing. But you better have an excellent explanation for the mistake. Your attorney should have pursued a LC132a Petition for the discrimination termination before you signed anything...if more than a year went by since the termination, it's too late.

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