Home/Case Law/BRIAN SPALDING vs. ELITE SHEET METAL AND DRAIN GUTTERS, STATE COMPENSATION INSURANCE FUND
Regular DecisionRegular Panel Decision

BRIAN SPALDING vs. ELITE SHEET METAL AND DRAIN GUTTERS, STATE COMPENSATION INSURANCE FUND

Filed: Jun 06, 2025
Van Nuys
ADJ13556297

CompFox AI Summary

The Workers' Compensation Appeals Board considered the Petition for Reconsideration filed by State Compensation Insurance Fund (SCIF) concerning a Compromise and Release (C&R) agreement. SCIF argued they forgot to take credit for permanent disability advances and sought to set aside the order approving the C&R. The WCAB adopted the Workers' Compensation Administrative Law Judge's (WCJ) report, which found no good cause, such as fraud or mutual mistake, to set aside the agreement, stating a unilateral mistake is insufficient. The Appeals Board timely acted on the petition within 60 days as mandated by Labor Code section 5909. Consequently, the Petition for Reconsideration is denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board considered the Petition for Reconsideration filed by State Compensation Insurance Fund (SCIF) concerning a Compromise and Release (C&R) agreement. SCIF argued they forgot to take credit for permanent disability advances and sought to set aside the order approving the C&R. The WCAB adopted the Workers' Compensation Administrative Law Judge's (WCJ) report, which found no good cause, such as fraud or mutual mistake, to set aside the agreement, stating a unilateral mistake is insufficient. The Appeals Board timely acted on the petition within 60 days as mandated by Labor Code section 5909. Consequently, the Petition for Reconsideration is denied.

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BRIAN SPALDING vs. ELITE SHEET METAL AND DRAIN GUTTERS, STATE COMPENSATION INSURANCE FUND (2025) – Van Nuys | CompFox