CompFox AI Summary
The Workers' Compensation Appeals Board denied Cherrita Young's petition for reconsideration. The Board found no evidence of "new and further permanent disability" as required to reopen a prior stipulated award. Applicant's claim that the original award was based on a mistaken lower disability rating was not sufficiently supported by evidence of mutual mistake or excusable neglect. Therefore, the original award, which found 36% permanent disability based on 23% whole person impairment, remains valid.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Cherrita Young's petition for reconsideration. The Board found no evidence of "new and further permanent disability" as required to reopen a prior stipulated award. Applicant's claim that the original award was based on a mistaken lower disability rating was not sufficiently supported by evidence of mutual mistake or excusable neglect. Therefore, the original award, which found 36% permanent disability based on 23% whole person impairment, remains valid.
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