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

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
5
Case No. ADJ10514440 (SFO 0282615)
Regular
Dec 27, 2017

RICHARD MERLO vs. CITY OF DALY CITY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the City of Daly City's petition for reconsideration of an order approving a stipulation. The stipulation, agreed to by co-defendant State Compensation Insurance Fund, settled future medical expenses for $25,000.00. The City argued the stipulation improperly circumvented joint and several liability and alleged unilateral mistake. The Board affirmed the WCJ's report, finding no good cause to vacate the stipulation based on the presented arguments or unilateral mistake.

Workers' Compensation Appeals BoardStipulationJoint and Several LiabilityPetition for ReconsiderationWCJInnovative Claim SolutionsState Compensation Insurance FundFuture Medical ExpensesUnilateral MistakeGood Cause
References
4
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
8
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
8
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
8
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
6
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
8
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
0
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
4
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
2
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