CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was filed 23 days after the order approving the compromise and release, exceeding the 20-day statutory limit. Even if timely, the Board would have denied the petition on the merits, as the compromise agreement clearly stated no permanent disability advances were to be deducted prior to a specific date. The defendant's claim of mutual mistake was also rejected, as the applicant was aware of the advances and the defendant was in a better position to know this information.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was filed 23 days after the order approving the compromise and release, exceeding the 20-day statutory limit. Even if timely, the Board would have denied the petition on the merits, as the compromise agreement clearly stated no permanent disability advances were to be deducted prior to a specific date. The defendant's claim of mutual mistake was also rejected, as the applicant was aware of the advances and the defendant was in a better position to know this information.
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