Applicant's Petition was written in Spanish and not translated, making it difficult to assess his understanding of the settlement terms.
Favours Applicant prevailed
This raised doubt about whether there was mutual consent and a valid contract, leading to dismissal of the petition as premature.
From the decision · page 1As applicant's Petition is in Spanish and the record of proceedings does not contain a
translation, it is difficult to assess applicant's contentions with any degree of specificity. We
received an answer from defendant. The WCJ issued a Report and Recommendation on Petition
for Reconsideration (Report) recommending that the Petition be denied or, in the alternative, for
guidance from the Appeals Board as to whether there are sufficient grounds to set aside the Order
Approving Compromise and Release.
Applicant was not present at the hearing and did not confirm his attorney remained as counsel.
Favours Applicant prevailed
This lack of evidence about applicant's understanding and representation contributed to the dismissal of the petition as premature.
From the decision · page 4Here, we are unable to ascertain what applicant understood, much less what he intended to
settle. Applicant's Petition was written in Spanish and not translated by the parties or the WCJ.
Moreover, applicant was not at the March 21, 2024 conference. If applicant did not understand the
terms of the settlement, it calls into question whether the parties mutually agreed upon the same
thing, which then calls into question whether a valid contract was formed. Applicant filed the
Petition himself, not with the assistance of counsel. While applicant's attorney confirmed they
remain as the attorney of record at a hearing on March 21, 2024, there is no evidence in the record
that applicant himself confirmed this.
No hearing was held to assess applicant's understanding of the settlement agreement or whether a valid contract was formed.
Favours Applicant prevailed
Without such assessment, the Board could not confirm the validity of the settlement, leading to dismissal of the petition as premature and remand for further proceedings.
From the decision · page 5his level of permanent disability, if any, was not rated. Because no hearing was held, the WCJ did
not have the opportunity to assess applicant's understanding of the proposed settlement agreement.