CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to raise issues of permanent disability overpayment and credit between two claims, a specific left shoulder injury and a cumulative trauma injury. The Board found that these issues were not raised during the mandatory settlement conference or at trial, and therefore could not be considered for the first time on reconsideration due to a lack of due process. The defendant had ample opportunity and information to raise these issues earlier but failed to do so, making their claim of mutual mistake invalid.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to raise issues of permanent disability overpayment and credit between two claims, a specific left shoulder injury and a cumulative trauma injury. The Board found that these issues were not raised during the mandatory settlement conference or at trial, and therefore could not be considered for the first time on reconsideration due to a lack of due process. The defendant had ample opportunity and information to raise these issues earlier but failed to do so, making their claim of mutual mistake invalid.
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