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PanelDismissed

Robert Lyons — ADJ4412314

ROBERT LYONS, Applicant vs. SIMS MANAGEMENT COMPANY; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ4412314
Decision date: May 3, 2021
District office: Stockton
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: multiple body parts

LC §5803LC §5313LC §5702

Summary

Robert Lyons, in pro per, sought reconsideration of a March 14, 2012 Order Approving Compromise and Release that settled his claim for $525,000 with an open medical award. Lyons alleged that the defendant used fraudulent and illegal tactics to induce him to settle in 2012, the same allegations he had previously raised in a 2018 petition to reopen. He filed his Petition for Reconsideration on March 5, 2021. The Board found that no evidence or testimony under oath regarding the fraud allegations had been admitted into the record, making the petition premature. The Board dismissed the petition and returned the matter to the trial level, recommending the WCJ treat the petitions as a petition to set aside and conduct a hearing to develop a record.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.