Petition To Set Aside Compromise And Release In Philadelphia
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FAQ
Rule 587 - Motion for Dismissal (a)Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.
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.
A petition for approval of compromise of claim of minor or adult person with a disability is filed when parties have agreed to settle a claim of a minor or adult person with a disability. The law doesn't allow a minor or person with a disability to settle their own claim without an adult guardian.
By way of background, the Pennsylvania Compromise and Release is a settlement agreement that must specifically state the terms relating to an injured worker's wage loss and medical benefits.
In many cases, surgery significantly increases the workers' compensation settlement amount. It can range from as little as $1,000 to $100,000 or more, depending on the type of surgery you need. A knowledgeable lawyer can help you determine a fair settlement based on the costs related to your injury.
The most costly lost-time workers' compensation claims by part of body are for those involving the head or central nervous system.
Hearings will only be continued for a valid reason. To request a continuance, send a letter to Patricia R. McDermott, Deputy Court Administrator, 34 S. 11th Street, 5th Floor, Philadelphia, PA 19107, with a copy to the other parties at least ten days before the hearing date.
