CompFox AI Summary
Defendant California Insurance Guarantee Association sought reconsideration of an order dismissing it from a workers' compensation case, arguing excusable neglect and mutual mistake regarding reimbursement amounts. The Appeals Board dismissed the petition as premature, as no evidence was taken to support the defendant's claims of a mistake in the stipulation. The matter is returned to the trial level to allow the WCJ to hold a hearing on the defendant's petition to set aside the order. This ensures due process and a proper evidentiary record before any final determination.
Full Decision Text1 Pages
Defendant California Insurance Guarantee Association sought reconsideration of an order dismissing it from a workers' compensation case, arguing excusable neglect and mutual mistake regarding reimbursement amounts. The Appeals Board dismissed the petition as premature, as no evidence was taken to support the defendant's claims of a mistake in the stipulation. The matter is returned to the trial level to allow the WCJ to hold a hearing on the defendant's petition to set aside the order. This ensures due process and a proper evidentiary record before any final determination.
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