CompFox AI Summary
This case involves an applicant seeking to set aside a prior Stipulation and Award due to mutual mistake regarding his average weekly earnings. The applicant argued that a scheduled post-injury wage increase through his union contract was not considered, leading to an underestimation of his earning capacity. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case for further proceedings. This action was taken because the Board found the record insufficiently developed to determine the applicant's true earning capacity and the correct temporary disability rate.
Full Decision Text1 Pages
This case involves an applicant seeking to set aside a prior Stipulation and Award due to mutual mistake regarding his average weekly earnings. The applicant argued that a scheduled post-injury wage increase through his union contract was not considered, leading to an underestimation of his earning capacity. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case for further proceedings. This action was taken because the Board found the record insufficiently developed to determine the applicant's true earning capacity and the correct temporary disability rate.
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