Applicant Marachelle Jackson settled her admitted workers' compensation claim via a $95,000 Compromise & Release, which the WCJ approved on June 26, 2019. After dismissing her attorney, applicant sought to set aside the OACR, claiming she was in a mental health crisis (including suicidal ideation), did not understand the settlement, was pressured by her attorney, and never received a court-ordered psychiatric QME evaluation. The WCJ set aside the OACR for good cause under Labor Code section 5803, finding the settlement was secured by duress or undue influence based on applicant's uncontradicted and credible testimony. Defendant petitioned for reconsideration/removal. The Appeals Board dismissed the petition for reconsideration (because the order was not final), denied removal, and affirmed the WCJ's order setting aside the OACR.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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