Chrisman, Terrence

Applicant Terence Chrisman, a former AC Transit bus driver, sought to set aside a January 2021 Compromise and Release (C&R) settling his industrial injury claims, alleging mutual mistake of fact, undue influence, and fraud. The WCJ found applicant failed to meet his burden to set aside the C&R, particularly because the petition was filed more than five years after the date of injury, requiring proof of extrinsic fraud under the limited exception recognized in Smith v. WCAB. On reconsideration, the Board adopted the WCJ's report, found no evidence of extrinsic fraud, and concluded it lacked jurisdiction to modify the Order Approving C&R. The Board granted reconsideration solely to correct a clerical error in Order 'a' (changing Exhibit 11 to Exhibit 12), and otherwise affirmed. The Board also clarified that the scope of claims settled by the C&R (paragraph 3) was not litigated and applicant remains free to pursue those issues in other filed or future cases.