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The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was filed 47 days after the January 27, 2010 Order, exceeding the statutory filing deadline. The defendant alleged fraud and misrepresentation regarding the applicant's incarceration status, which they claimed should have voided the parties' stipulation. However, the WCAB found no basis for setting aside the stipulation and noted that the defendant failed to provide supporting evidence for their claims. The defendant was advised they could pursue a petition to set aside the award at the trial level upon remand.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was filed 47 days after the January 27, 2010 Order, exceeding the statutory filing deadline. The defendant alleged fraud and misrepresentation regarding the applicant's incarceration status, which they claimed should have voided the parties' stipulation. However, the WCAB found no basis for setting aside the stipulation and noted that the defendant failed to provide supporting evidence for their claims. The defendant was advised they could pursue a petition to set aside the award at the trial level upon remand.
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