Glendale, CA asked in Workers' Compensation for California

Q: At a c/r settlement hearing they brought a totally different contract that i signed but didnt realize all of the errors

the facts of my injuries were of another person same name employeer simular injuries and hipaa problems

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: If the agreement does not match the one you said you agreed to, you must immediately petition IN WRITING to the JUDGE to immediately withdraw your consent. Telephone chats will accomplish nothing. You have to PETITION TO SET ASIDE ORDER APPROVING COMPROMISE AND RELEASE AGREEMENT based upon mistake, and note that the document you signed without reading was not the document you were provided in the mail/email. An Order Approving C&R must be set aside within 20 days so you will have to do this today. The petition will have to be filed at the WCAB Office where the judge approved the C&R. you will have to attach a Proof of Service showing you sent copies to the defense lawyer and the insurance adjuster, or the judge cannot consider it (just a letter to the judge without copies to the insurer and lawyer, the judge cannot rule on).

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