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Home / Courts / Workers’ Compensation – Form 60 – Motion to Withdraw – Stubborn Litigiousness — Pre-Existing Back Pain – New Injury – New Carrier (access required)

Workers’ Compensation – Form 60 – Motion to Withdraw – Stubborn Litigiousness — Pre-Existing Back Pain – New Injury – New Carrier (access required)

Kennedy v. Minuteman Powerboss The Industrial Commission correctly concluded, as a matter of law, that a Form 60 cannot be set aside based upon mutual mistake. Defendants’ argument in favor of withdrawing their admission of compensability boils down to defendants’ failure to adequately investigate plaintiff’s accident and medical history before filing the Form 60. The Commission did not abuse its discretion when it sanctioned defendants for unfounded, stubborn litigiousness when defendants, after admitting compensability via a Form 60, continued to challenge that admitted compensability based on (1) a legally impossible basis and (2) their own lack of diligence.

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