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Francisco Aguirre — ADJ10298858

FRANCISCO AGUIRRE, Applicant vs. NORTH COUNTIES DRYWALL, INC.; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ10298858
Decision date
Date unavailable
District office
Sacramento
WCJ
Noah W. Tempkin
Claim administrator
Insurance Company of the West
Commissioners
—

Injury / body parts: upper extremities, back

Summary

Applicant Francisco Aguirre, a drywall hanger, settled his November 5, 2015 workers' compensation claim by Compromise and Release for $49,500, which was approved by the WCJ at a December 14, 2017 hearing while he was represented by counsel. Approximately 2½ years later, on July 31, 2020, applicant filed a Petition to Reopen seeking to set aside the Order Approving the C&R, alleging irregularities and perceived death threats from the employer. The WCJ found applicant failed to establish good cause to set aside the now-final order, noting no evidence connected any threats to entering or signing the settlement and that the settlement had been explained to him by counsel before signing. Applicant petitioned for reconsideration. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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