CompFox AI Summary
This case concerns a defendant's petition for reconsideration of a workers' compensation award. The defendant sought to dismiss the case based on res judicata and retraxit due to a prior civil settlement, and also identified a clerical error in the third-party credit calculation. The WCJ recommended denial, asserting that employment was previously determined and the civil dismissal did not preclude the current claim. The Appeals Board granted reconsideration solely to amend the award to correct the calculation of the third-party credit, affirming the original award in all other respects. The amended credit reflects the applicant's net civil recovery less employer negligence.
Full Decision Text1 Pages
This case concerns a defendant's petition for reconsideration of a workers' compensation award. The defendant sought to dismiss the case based on res judicata and retraxit due to a prior civil settlement, and also identified a clerical error in the third-party credit calculation. The WCJ recommended denial, asserting that employment was previously determined and the civil dismissal did not preclude the current claim. The Appeals Board granted reconsideration solely to amend the award to correct the calculation of the third-party credit, affirming the original award in all other respects. The amended credit reflects the applicant's net civil recovery less employer negligence.
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