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Case Name | Brightwell v. IAC | |
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Date | 04/19/1965 | |
Note | Attesting witnesses need not be present when employee signs. | |
Citation | 30 CCC 127 (Writ Denied) | |
WCC Citation | WCC 25891965 CA |
EUNICE LENORE BRIGHTWELL, Petitioner v. INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA, SPEE D MOODY'S LUNCH SERVICE, a copartnership, and INDUSTRIAL INDEMNITY COMPANY, a corporation, Respondents. Simultaneously, they entered into an agreement for sharing the costs in a pending third party action. The signature of applicant/employee, Eunice Brightwell, was attested to by witnesses who did not see or hear her sign. Brightwell sought to rescind the agreement on the grounds that there was failure of consideration, but this attempt was unsuccessful. On March 22, 1964, Brightwell underwent surgery.
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