Home/Case Law/MICHAEL BROTHERS vs. RIVER LEASING CORPORATION, LIBERTY MUTUAL INSURANCE GROUP
Regular DecisionReconsideration

MICHAEL BROTHERS vs. RIVER LEASING CORPORATION, LIBERTY MUTUAL INSURANCE GROUP

Filed: Jul 09, 2010
San Francisco
ADJ3897011 (LBO 0296196)

CompFox AI Summary

The Workers' Compensation Appeals Board denied Michael Brothers' petition for reconsideration of a Stipulated Award. The applicant mistakenly believed the award was a final settlement like a Compromise and Release, and sought to renegotiate based on discovered costs of surgery and medication. However, a Stipulated Award, unlike a Compromise and Release, obligates the defendant to provide ongoing reasonable and necessary medical treatment, including medications and mileage for future appointments, to cure or relieve the effects of the industrial injury. The Board found the petition timely filed and the applicant's grounds for reconsideration were based on a misunderstanding of the award's nature.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Michael Brothers' petition for reconsideration of a Stipulated Award. The applicant mistakenly believed the award was a final settlement like a Compromise and Release, and sought to renegotiate based on discovered costs of surgery and medication. However, a Stipulated Award, unlike a Compromise and Release, obligates the defendant to provide ongoing reasonable and necessary medical treatment, including medications and mileage for future appointments, to cure or relieve the effects of the industrial injury. The Board found the petition timely filed and the applicant's grounds for reconsideration were based on a misunderstanding of the award's nature.

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