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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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. ADJ10102441
Regular
Jul 20, 2016

MARTHA ALAS vs. WOOD RANCH BARBECUE & GRILL, SENTRY INSURANCE

The Workers' Compensation Appeals Board denied Sentry Insurance's petition for reconsideration, upholding a prior award based on a stipulated average weekly wage. Sentry argued the stipulation was based on a mutual mistake of fact regarding the calculation of the applicant's average weekly wage. The Board found no mutual mistake, as both parties agreed to the figure, and Sentry's subsequent realization of error was unilateral. Therefore, good cause to set aside the stipulation and award was not established.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardAdministrative Law JudgeAverage Weekly WageStipulationMutual Mistake of FactGood CauseTemporary Total DisabilityAttorney's Fees
References
Case No. ADJ8336755
Regular

ALICIA ISAIS vs. JIPC MANAGEMENT HOLDINGS, INC., dba JOHN'S INCREDIBLE PIZZA COMPANY, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case concerns Applicant Alicia Isais's workers' compensation claim against JIPC Management Holdings, Inc. (John's Incredible Pizza Company). The defendant sought to reconsider an approved Compromise and Release, alleging a mutual mistake of fact regarding a temporary total disability credit. The Board denied the petition, finding the defendant failed to demonstrate a mutual mistake and that a unilateral mistake is insufficient grounds to set aside a stipulation. The settlement documents did not indicate any credit for temporary disability benefits paid after April 3, 2013.

Petition for ReconsiderationOrder Approving Compromise and ReleaseMutual Mistake of FactTemporary Total DisabilityPermanent DisabilityStipulation with Request for AwardSet Aside the AwardUnilateral MistakeGood CauseWeatherall Standard
References
Case No. ADJ2528455
Regular
Feb 13, 2012

MARIA FRANCISCO vs. CALIFORNIA RAIN COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) order that approved a stipulation settling their lien for $50 out of $1,325. The lien claimant argued mutual mistake of fact, claiming they lacked a complete itemization of charges and there was no meeting of the minds. The WCAB denied reconsideration, finding the lien claimant failed to demonstrate mutual mistake and instead appeared to seek relief from their own unilateral mistake. The Board also noted the lien claimant attached already-filed exhibits to their petition, warning of potential sanctions for repeated rule violations.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationStipulations and Order to Pay Lien ClaimantMutual Mistake of FactMeeting of the MindsTimelinessPetition for ReconsiderationGood CauseUnilateral Mistake
References
Case No. ADJ2909110, ADJ3237633, ADJ2742182, ADJ1950432, ADJ9347288
Regular
Jul 14, 2014

ROBERTO HERNANDEZ vs. PRG PARKING MANAGEMENT, LLC, CHUBB SERVICES

The Workers' Compensation Appeals Board denied the defendants' Petition for Reconsideration. The defendants sought to rescind a Compromise and Release agreement, claiming a mutual mistake of fact regarding permanent disability advances. However, the Board found that the defendants' mistake in calculating the advances was unilateral, not mutual. Therefore, good cause to rescind the agreement was not shown, and reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportCompromise and ReleaseMutual Mistake of FactUnilateral MistakePermanent Disability AdvancesRescissionMandatory Settlement ConferenceOrder Approving Joint C&R
References
Case No. ADJ8911967
Regular
Oct 02, 2014

URSULA KRAMER vs. MACY'S WEST, Permissibly Self-Insured, Administered By MACY'S CORPORATE SERVICES

This case concerns Macy's petition for reconsideration of a workers' compensation award based on a stipulation. Macy's claims mutual mistake of fact and clerical error regarding permanent disability indemnity and attorney fees. The Board denies the petition, finding no mutual mistake and that Macy's error stemmed from a lack of diligence in drafting the stipulation. The Board emphasizes that stipulations are binding unless good cause is shown, which Macy's failed to demonstrate.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulationsAwardMutual Mistake of FactClerical ErrorLabor Code §4658(d)Permanent DisabilityAttorney's FeeGood Cause
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
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