CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the WCJ's decision to deny the defendant credit for an undisclosed $16,879.75 permanent disability advance (PDA). The Board found the stipulation agreement, which stated "less credit for such payments previously made," was ambiguous regarding the amount of PDAs to be credited. Crucially, the defendant's counsel had represented to the applicant that only $2,343.00 in PDAs had been paid at the time of the stipulation, and the Board determined the parties intended to settle based on this known amount. Therefore, the defendant was held to its bargain and denied the subsequent claim for a larger credit.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the WCJ's decision to deny the defendant credit for an undisclosed $16,879.75 permanent disability advance (PDA). The Board found the stipulation agreement, which stated "less credit for such payments previously made," was ambiguous regarding the amount of PDAs to be credited. Crucially, the defendant's counsel had represented to the applicant that only $2,343.00 in PDAs had been paid at the time of the stipulation, and the Board determined the parties intended to settle based on this known amount. Therefore, the defendant was held to its bargain and denied the subsequent claim for a larger credit.
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