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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ10955890
Regular
Dec 21, 2018

JONATHAN ELFORD vs. MD OFFICE SOLUTIONS INC., AMERICAN ECONOMY INSURANCE COMPANY, LIBERTY MUTUAL

This case involves a Petition for Reconsideration filed by MD Office Solutions Inc. (Liberty Mutual/American Economy Insurance Company) challenging a prior workers' compensation award. The defendant alleges a mutual mistake regarding insurance coverage for the applicant's March 9, 2015 injury, claiming they were not the liable carrier. However, the Board dismissed the petition as untimely, noting it was filed 61 days after the award was served. The Board suggested the defendant should instead file a petition to set aside the award based on good cause, such as mutual mistake, and directed the matter back to the trial level.

Petition for ReconsiderationStipulations with Request for AwardMutual Mistake of FactWorkers' Compensation CoverageLiable CarrierTimelinessDismissedPetition to Set Aside AwardLabor Code Section 5803Good Cause
References
Case No. ADJ11275154
Regular
Jul 09, 2018

CAROL JACKSON vs. TNG, ACE AMERICAN INSURANCE COMPANY, LIBERTY MUTUAL

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award. The defendant argued the award's indemnity rate and total value were based on a mutual mistake of fact. However, the applicant denied any mutual mistake regarding the rate. The Board found the defendant's mistake appeared unilateral and caused by neglect, thus upholding the original award.

Stipulations with Request for AwardPermanent disability indemnity rateMutual mistake of factPetition for ReconsiderationUnilateral mistakeGood causeLabor Code Section 5702Workers' Compensation Appeals BoardWCJApplicant
References
Case No. ADJ744923 (ANA 0385182)
Regular
Jul 22, 2011

CHARLES BUFFINGTON III vs. FACTORY MUTUAL, INFRARED TESTING, INC., LIBERTY MUTUAL INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Factory Mutual seeks reconsideration of a workers' compensation decision finding Liberty Mutual provided coverage for Infrared Testing, Inc. during the applicant's injury period. Factory admits it sold its interest in Infrared before the cumulative injury period, arguing Liberty's coverage stipulation was a mistake. The Board dismissed Factory's petition, finding Factory lacks standing as it had no interest in the employer after August 2, 2000. The Board also indicated it would have denied the petition on the merits due to Liberty's stipulation and the elapsed premium collection period.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersStipulationCoverage disputeMistake in coverageSale of interestUninsured Employers Benefits Trust FundStandingAggrieved party
References
Case No. ADJ8427623, ADJ8580402, ADJ8944197
Regular
Oct 05, 2016

DANNY MCCARTY vs. DC CONCRETE, INSURANCE COMPANY OF THE WEST

In this workers' compensation case, the defendant sought reconsideration of an order approving a Compromise and Release (C&R), alleging mutual mistake regarding the calculation of permanent disability advances (PDAs). The Appeals Board denied reconsideration, finding no mutual mistake as the parties agreed to the settlement amount and the PDA offset was explicitly stated in the C&R. The Board determined that the defendant's later discovery of a miscalculation constituted a unilateral mistake, not a mutual one, and therefore did not warrant setting aside the approved C&R.

Compromise and ReleasePetition for ReconsiderationMutual MistakeUnilateral MistakePermanent Disability AdvancesPDA OffsetAdministrative Law JudgeWCJ ReportMeeting of the MindsNegotiate Settlement
References
Case No. ADJ9615369, ADJ9615370, ADJ10928806
Regular
Jun 19, 2018

CATALINA REYES QUINTANILLA vs. TARZANA FIVE-FOUR CORNERS INVESTMENT, PUBLIC SERVICE MUTUAL INSURANCE COMPANY, CORVEL CORPORATION

This case concerns Defendant's petition for reconsideration of an order approving a $50,000 settlement for Applicant's workers' compensation claims. Defendant argued the order incorrectly failed to credit $5,913.87 in permanent disability advances paid to Applicant. However, the Compromise and Release agreement clearly indicated zero permanent disability advances and explicitly settled that issue. The Appeals Board found no evidence of mutual mistake and denied reconsideration, ruling that Defendant's failure to ensure the credit was included in the agreement constituted a unilateral mistake due to their own neglect.

Compromise and ReleasePermanent Disability AdvancesPetition for ReconsiderationOrder ApprovingWCJUnilateral MistakeMutual MistakeNeglect of Legal DutyContract InterpretationWaiver of Reimbursement
References
Case No. ADJ8211594
Regular
Jan 17, 2014

ERROL GRIFFIN vs. COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH, Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case involves a dispute over the applicant's average weekly wage (AWW) for temporary disability benefits. Initially, the parties stipulated to an AWW of $1,676.04, but the defendant sought reconsideration based on mutual mistake, claiming the correct AWW was $859.16. Subsequently, both parties filed an amended stipulation agreeing to an AWW of $800.07. The Appeals Board granted reconsideration to defer the issue of temporary disability indemnity and returned the matter to the WCJ to consider the amended stipulation and determine the correct benefits.

Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityStipulated FactsMutual MistakeAverage Weekly WageAmended StipulationWorkers' Compensation Appeals BoardWCJMutual Mistake
References
Case No. ADJ7750435
Regular
Jan 05, 2017

DORRIS DUNCAN vs. STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board rescinded an award based on the defendant's petition for reconsideration. The defendant claimed a mutual mistake occurred because a continuation page of paragraph 9 was not signed and attached to the Stipulations. The Board found the defendant failed to provide evidence of a mistake and remanded the case for a hearing. The hearing will determine if there's good cause to set aside the Stipulations due to mutual or unilateral mistake.

StipulationsMutual MistakeReconsiderationAward RescindedLabor Code Section 5803Good CauseSet Aside StipulationsPetition for ReconsiderationWCJ ReportTrial Level Hearing
References
Case No. ADJ10582846
Regular
Sep 17, 2018

MANFREDO NAVARRO CARDONA vs. IRAMTAC CORP., doing business as 4D DEVELOPMENT & INVESTMENT, EMPLOYERS PREFERRED INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board decision that awarded temporary total disability benefits. The defendant argued that the stipulated weekly earnings of $900 were a mutual mistake and should be $535.50 based on wage statements. However, the Appeals Board denied the petition, finding that the defendant failed to prove mutual mistake or good cause to set aside the stipulation. The Board concluded the mistake, if any, was unilateral and caused by the defendant's neglect.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardStipulated EarningsMutual MistakeAverage Weekly EarningsTemporary Total DisabilityUnilateral MistakeGood CauseRescind Stipulation
References
Case No. ADJ7467289
Regular
Nov 30, 2012

RONALD ROBINSON vs. METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, JT2 INTEGRATED

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that good cause did not exist to set aside a Compromise and Release agreement. The Administrative Law Judge found the defendant's claimed mutual mistake was unilateral, stemming from the defendant's own oversight in failing to notice the applicant's unsigned Addendum A and signing the agreement without the applicant's signature. The defendant's argument of mutual mistake regarding the scope of the settlement and a prior stipulation was insufficient to warrant setting aside the agreement. The Board also admonished the defendant for submitting unnecessary documents, violating a procedural rule.

Compromise and ReleasePetition for ReconsiderationMutual MistakeUnilateral MistakeFraudDuressUndue InfluenceStipulation and AwardCumulative TraumaAddendum A
References
Case No. ADJ10266335
Regular
Sep 15, 2017

LANESHA RICE vs. ACCURATE PERSONNEL, LLC, ZURICH NORTH AMERICA

Defendant Accurate Personnel sought reconsideration of a workers' compensation award, arguing a mutual mistake in calculating the applicant's permanent disability rate. The Workers' Compensation Appeals Board denied the petition, affirming the original award. The Board found no evidence of mutual mistake, noting that the applicant denied it and the defendant failed to prove the applicant knew of and benefited from any alleged error. The Board concluded the defendant's claim stemmed from a unilateral mistake due to neglect, which does not constitute good cause to set aside a stipulation.

Petition for ReconsiderationStipulations with Request for AwardPermanent Disability Indemnity RateMutual Mistake of FactUnilateral MistakeGood CauseLabor Code Section 5702Workers' Compensation Appeals BoardWCJ Report and RecommendationApplicant's Answer
References
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