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

Case No. ADJ8558358
Regular
Sep 22, 2025

JOSE MEJIA vs. JB CRITCHLEY, INC., AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration to clarify that the defendant's prior appeals regarding the applicant's stipulated average weekly wage and permanent disability rate were exhausted and that the award was final as of October 2, 2024. The Board affirmed the imposition of penalties under Labor Code section 5814 and attorney fees under section 5814.5 due to the defendant's unreasonable delay in paying the final award. The defendant's arguments regarding seasonal employment and extrinsic mistake were rejected as the stipulated wages and findings were final and not adequately supported for setting aside. The original Findings and Award were rescinded and substituted to reflect the finality of the prior decision and the confirmed penalties and fees.

Labor Code section 5904Petition for ReconsiderationFindings and Awardsemi-truck drivercervical spinethoracic spinelumbar spinehearing losspsychehypertension
References
Case No. ADJ2009610 (OAK 0292872)
Regular
Mar 08, 2010

CLIFFORD HASKIN vs. SVENHARDS SWEDISH BAKERY, SAFECO

The Workers' Compensation Appeals Board granted reconsideration, rescinded an Order Approving Compromise and Release (OACR), and returned the case to the trial level. This was done despite the applicant's untimely petition for reconsideration, on equitable grounds due to extrinsic mistake. The mistake arose because the WCJ approved the OACR without knowledge of the applicant's prior notification to the defendant of his desire to withdraw from the settlement, a fact belatedly brought to the court's attention. The matter is remanded for the WCJ to re-evaluate the compromise and release agreement, considering factors like disbursement of funds.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseRescind OrderExtrinsic MistakeUntimely PetitionEquitable GroundsIndustrial InjuryBakerFoot Injury
References
Case No. ADJ339464 (LBO 0318588)
Regular
Apr 22, 2019

MELVIN DEAN vs. M. B. HERZOG CORP., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) dismissed a former attorney's petition for reconsideration because it was untimely filed. The attorney sought to overturn an order approving a compromise and release, alleging her lien for attorney fees was improperly handled by current counsel and the WCJ. Although the petition was dismissed for jurisdictional reasons, the WCAB recommended the trial judge treat it as a petition to set aside the order due to allegations of extrinsic fraud or mutual mistake regarding the attorney's lien. A hearing will be necessary to present evidence and allow the WCJ to issue a decision on setting aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseLien ClaimantAttorney FeesTimelinessJurisdictional GroundsPetition to Set AsideExtrinsic FraudMutual 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. 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. ADJ3505091 (OXN 0144958) ADJ1732342 (OXN 0144957) ADJ6575424
Regular
Dec 22, 2014

JOSEFINA LOPEZ vs. RAMCO ENTERPRISES, REDWOOD FIRE & CASUALTY INSURANCE COMPANY c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board denied Ramco Enterprises' petition for reconsideration of a stipulated award. Ramco sought to overturn the award based on an alleged mutual mistake in calculating the permanent disability rate, attempting to invoke Code of Civil Procedure section 473(b). However, the Board found that CCP 473(b) is not binding in workers' compensation proceedings and that even if considered, the alleged mistake did not constitute sufficient grounds to set aside the jointly prepared and approved stipulated award. The Board emphasized that a unilateral mistake or a change of mind is insufficient to rescind an award.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportCode of Civil Procedure section 473(b)Stipulated Awardmutual mistakejoint Stipulations with Request for Awardgood causeinadequate settlementunilateral mistake
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. 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. 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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