CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to CIGA, rescinding the WCJ's order that applicant's average weekly earnings were $900.00, which would have increased indemnity payments. The Board found the evidence insufficient to justify setting aside the parties' 2000 stipulation of $754.47 in weekly earnings, citing a lack of good cause such as mutual mistake. The case is remanded to the trial level for further development of the record regarding the accuracy of the stipulated earnings and whether there is good cause to overturn it. The check stubs submitted by the applicant raise a question, necessitating further proceedings to fully adjudicate the issue.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to CIGA, rescinding the WCJ's order that applicant's average weekly earnings were $900.00, which would have increased indemnity payments. The Board found the evidence insufficient to justify setting aside the parties' 2000 stipulation of $754.47 in weekly earnings, citing a lack of good cause such as mutual mistake. The case is remanded to the trial level for further development of the record regarding the accuracy of the stipulated earnings and whether there is good cause to overturn it. The check stubs submitted by the applicant raise a question, necessitating further proceedings to fully adjudicate the issue.
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