Freddie Dayap — ADJ11198140

Applicant Freddie Dayap settled two workers' compensation claims (a specific shoulder injury and a cumulative trauma injury from January 8, 2015 to January 8, 2017) for $50,000 via a Compromise and Release approved on January 13, 2020. After applicant filed a third claim alleging a cumulative trauma from January 8, 2017 to January 8, 2018, defendant filed an unverified Labor Code section 5803 petition to amend the C&R's date of injury or set it aside based on mutual mistake, attaching an unsigned-by-defendant 'Addendum A' purporting to release all claims to date. The WCJ denied the petition both for failure to verify and on the merits, and the WCAB denied reconsideration. The Board found defendant failed to meet its burden of proving the parties intended the addendum to be part of the C&R or good cause to amend, and noted that Paragraph Three of the C&R expressly limited the settlement to the body parts and dates in Paragraph One regardless of any addendum.