Home/Case Law/JOCELYN JOHNSON vs. COCA COLA BOTTLING COMPANY, KEMPER NATIONAL INSURANCE
Regular DecisionReconsideration

JOCELYN JOHNSON vs. COCA COLA BOTTLING COMPANY, KEMPER NATIONAL INSURANCE

Filed: May 22, 2019
Los Angeles
ADJ2941365 (BGN 0131581)

CompFox AI Summary

The Workers' Compensation Appeals Board denied Jocelyn Johnson's petition for reconsideration of a prior decision that found no fraud in the procurement of earlier findings and awards. Johnson alleged an incorrect injury date, insufficient medical evaluation, and denial of due process. The Board found that Johnson failed to demonstrate extrinsic fraud, as the issues raised could and should have been litigated in prior proceedings or appeals. Therefore, good cause did not exist to reopen the 1996 and 2002 findings and awards.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Jocelyn Johnson's petition for reconsideration of a prior decision that found no fraud in the procurement of earlier findings and awards. Johnson alleged an incorrect injury date, insufficient medical evaluation, and denial of due process. The Board found that Johnson failed to demonstrate extrinsic fraud, as the issues raised could and should have been litigated in prior proceedings or appeals. Therefore, good cause did not exist to reopen the 1996 and 2002 findings and awards.

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