Home/Case Law/WILLIE SMITH vs. SAN BERNADINO UNIFIED SCHOOL DISTRICT
Regular DecisionReconsideration

WILLIE SMITH vs. SAN BERNADINO UNIFIED SCHOOL DISTRICT

Filed: Feb 25, 2019
Van Nuys
ADJ10846103

CompFox AI Summary

Defendant sought reconsideration of a workers' compensation award based on a stipulated agreement, alleging a mistake in the agreed-upon permanent disability rating. The defendant contended that the 55% rating was a mistake and that the parties had actually agreed to a 45% rating. The Appeals Board dismissed the petition for reconsideration, ruling that the defendant's request should be treated as a petition to set aside the award at the trial level. The Board determined that further proceedings are necessary to allow both parties to present evidence regarding the alleged mutual mistake of fact.

Full Decision Text1 Pages

Defendant sought reconsideration of a workers' compensation award based on a stipulated agreement, alleging a mistake in the agreed-upon permanent disability rating. The defendant contended that the 55% rating was a mistake and that the parties had actually agreed to a 45% rating. The Appeals Board dismissed the petition for reconsideration, ruling that the defendant's request should be treated as a petition to set aside the award at the trial level. The Board determined that further proceedings are necessary to allow both parties to present evidence regarding the alleged mutual mistake of fact.

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WILLIE SMITH vs. SAN BERNADINO UNIFIED SCHOOL DISTRICT (2019) – Van Nuys | CompFox