This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Petition To Set Aside Compromise And Release In Montgomery
Category:
State:
Multi-State
County:
Montgomery
Control #:
US-000297
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Word;
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FAQ
A petition to set aside an order approving compromise and release is, in effect, a petition to reopen. It requires a showing of good cause. It is not uncommon that one party alleges "mutual mistake," while the other party asserts the mistake was unilateral. This is ultimately decided by the trier of fact.
An indemnity only stipulation is a full and final settlement of the indemnity portion of your case. It does NOT affect your ability to obtain reasonable or necessary medical treatment that may be related to a compensable claim.
The length of time it takes to settle a workers' comp claim varies based on several factors. Sometimes, your attorney might have to negotiate for some time to reach a fair settlement amount. However, once a settlement is agreed upon, the judge's approval may take just two to four weeks.
To compensate is to offset (or conceal) a psychological or physical difficulty by developing in another direction. To compromise is to allow your environment impose upon you and for you to come up with the best plan of action within those boundaries by making concessions.
An offer of compromise is a formal offer to settle proceedings ing to the rules of the relative Court. If you are involved in a dispute with another person or business, going to trial/hearing can be expensive, time-consuming, distracting and uncertain.
A compromise exists where parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance, with each party conceding something, either by diminishing their alleged claim or by conceding or increasing their liability.
By signing the release, you agree to waive your right to pursue any further legal action in connection with the injury and accident specified in the settlement. Once you execute a release, you also cannot file any claims for injuries stemming from the incident that might not arise until later.
More info
A petition to set aside an order approving compromise and release is, in effect, a petition to reopen. It requires a showing of good cause.REST A CASE: To advise the court that the attorney has presented all the evidence he or she intends to offer in the proceeding. REVERSE: To set aside or revoke. The Workers' Compensation Appeals Board has jurisdiction to set aside a compromise and release for good cause within five years from the date of injury. A district court retains continuing jurisdiction to enforce its judgments, including those obtained through consent decrees. • Identify if the setaside is paid out as a lump sum or an annuity. • directs that the petitioner's counsel deposit proceeds payable. In the alternative, defendant requests that the Petition be treated as a Petition to Set Aside the. Agreements ("Motion to Set Aside").