Walid El Rawas — ADJ8693761

Applicant Walid El Rawas, a truck driver who injured his right shoulder (and claimed neck injury) on May 28, 2012, settled his case via Compromise and Release approved December 14, 2017, for a gross settlement of $95,706.86 including an MSA with a seed payment of $47,452.83 and a structured annuity. Acting in propria persona, applicant filed a Petition to Set Aside the C&R, contending the annuity terms (lifetime payment limited to 29 years, potential tax liability, payment ceasing upon death) did not match his understanding and alleging improper interpretation and altered documents. After multiple continuances and testimony, the WCJ found applicant failed to establish good cause (mutual mistake or fraud) to set aside the C&R. The Board granted reconsideration solely to amend Finding 'b' and strike the WCJ's erroneous conclusion that the WCAB lacked jurisdiction, confirming that the WCAB does have continuing jurisdiction under sections 5803/5804 to set aside an OACR. On the merits, the Board agreed applicant failed to meet his burden of proof and denied the petition to set aside while finding defendant's restitution claim moot.