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Case Name Aguirre v. WCAB
Date 07/22/1991
Note Compromise/release of liability for future injuries sustained during rehab. must be express, clear to applicant.
Citation 232 Cal. App. 3d 744, 56 CCC 420
WCC Citation WCC 25691991 CA
He conceded that in that event the applicant would have subsequently come into his office to sign the compromise and release agreement. He next testified that he had no present recollection of when Mr. Aguirre came into his office to sign the settlement papers and no present recollection of what he said to Mr. Aguirre about the content of the settlement agreement. Mr. Chavez later denied having said that he told applicant a future injury in rehabilitation might exceed the amount of the settlement. Mr. Chavez ultimately testified that he recalled personally reading verbatim to Mr. Aguirre the language purporting to waive benefits for any future injuries sustained during rehabilitation and asking Mr. Aguirre if he understood what had been read to him; Mr. Aguirre answered yes, and there was thereafter no need for Mr. Chavez to explain the compromise and release. Mr. Chavez finally conceded that he could not explain why his signature did not appear on that copy of the document.

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