Legal Question in Workers Comp in California

can a case settled by compromise and release be reopened in calif?


Asked on 4/09/10, 3:42 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Absent the showing of fraud, misprepresentation, or some other basis permissible to void an agreement, a compromise and release can not be reopened as that is the major purpose of such an agreement. The law favors matters being fully and finally resolved; to allow a settlement to be reopened would go against that. Your discovering that your condition is worse, or not being satisfied with what you got, etc., would not be a basis to set aside a settlement agreement. If your attorney gave you very bad advice, you might have the basis of a malpractice suit against them, but that would have to be filed within one year of discovery by you or the date of the malpractice.

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Answered on 4/15/10, 9:17 am


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