Smith v. Workers' Compensation Appeals Board

Opinion

KAUFMAN, J.

More than five years after the date of injury, applicant Clarence A. Smith, Jr. (applicant) petitioned the Workers’ Compensation Appeals Board (WCAB or Board) to set aside its orders dated May 4, May 18 and May 24, 1979, approving a compromise and release (C&R) between him and his employer Martin Marietta and its workers’ compensation carrier, Continental Casualty Company (collectively defendant). After hearing, a workers’ compensation appeals judge (WCJ) made an order granting applicant’s petition. However, the Board granted reconsideration and in its decision after…