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Case Law Database

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. 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. ADJ10591383
Regular
Jan 13, 2017

RUSSELL MITCHELL (Deceased); JEANNETE MITCHELL (Dependent) vs. CITY OF LOS ANGELES, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration of an order approving a compromise and release agreement for a dependency claim. The city argued the agreement was based on a mistake of fact regarding the date of injury, leading to an incorrect settlement amount. However, the Board found the city failed to demonstrate a valid legal basis for reconsideration, citing the parties' failure to exercise due diligence in drafting and reviewing the agreement. The Board concluded that the alleged mistake was unilateral and attributable to the defendant's lack of diligence.

Compromise and ReleaseDependency ClaimOrder Approving Compromise and ReleasePetition for ReconsiderationMistake of FactDate of Industrial InjuryDeath BenefitBurial ExpensesDisability Evaluation UnitOrder Suspending Action
References
Case No. ADJ2453878
Regular
Mar 02, 2017

SEAN COLGAN vs. NO VACANCY TRANSPORT, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

This Workers' Compensation Appeals Board decision denied reconsideration of a settlement. The applicant sought to set aside the settlement, alleging a mistake of fact regarding the inclusion of a serious and willful misconduct claim. The Board found that any misunderstanding by the applicant was a unilateral mistake, not sufficient to rescind the agreement without a showing of fraud, mutual mistake, duress, or undue influence. The WCJ's credibility determination regarding the defendant's intent to settle the claim was given great weight and not overturned.

Petition for ReconsiderationDeniedSettlementGood CauseFraudMutual Mistake of FactDuressUndue InfluenceUnilateral MistakeSerious and Willful Misconduct
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. ADJ7825020
Regular
Aug 31, 2015

MILTON LEWIS vs. BARLOW RESPIRATORY HOSPITAL, ZENITH INSURANCE COMPANY

This case concerns a lien claimant's petition for reconsideration of a stipulation and order where they agreed to accept \$1,000.00 in full satisfaction of their lien. The lien claimant argued the stipulation was entered into by unilateral mistake as their representative lacked authorization. The Workers' Compensation Appeals Board denied reconsideration, finding the claimant failed to present evidence of unilateral mistake or to properly seek to set aside the stipulation. Furthermore, the claimant did not plead sufficient facts to support a unilateral mistake claim, such as the opposing party's knowledge and advantage, nor did they demonstrate they fulfilled their legal duty of reasonable inquiry.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationStipulation and OrderUnilateral mistakeAffirmative defenseGood causeRescinding contractMaterial factLegal duty
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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