William Marchese v. The Home Depot, PSI

Settlements—Compromise and Release Agreements—Setting Aside—WCAB affirmed WCJ's finding that there was good cause to set aside order approving compromise and release agreement purporting to settle applicant/stock clerk's claim for 10/28/2003 industrial injuries, and imposed sanctions totaling $250.00 on applicant's former attorney for knowingly submitting an improperly authenticated compromise and release agreement to WCJ for approval, when WCAB found that (1) witnesses attested to applicant's signature on compromise and release agreement via backdated signatures at request of applicant's attorney without actually witnessing applicant sign agreement, thereby failing to comply with authentication requirement expressly stated on compromise and release form (DWC WCAB Form 15) (which is more limiting than authentication requirements in Labor Code  § 5003) that witnesses authenticating compromise and release actually see/view applicant signing agreement, (2) original compromise and release agreement was materially altered after applicant signed agreement and before document was signed by witnesses, and (3) compromise and release was unenforceable based upon defendant's failure to initial issues being settled in paragraph 9 of compromise and release agreement, pursuant to terms of agreement. © Copyright 2009 LexisNexis. All rights reserved.

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