Home/Case Law/DAVID BARROW vs. CITY OF FULLERTON, ADMINSURE
Regular DecisionReconsideration

DAVID BARROW vs. CITY OF FULLERTON, ADMINSURE

Filed: Jul 19, 2017
Anaheim
ADJ9141945

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant City of Fullerton's petition for reconsideration. The defendant sought to remove the applicant's wrists, elbows, shoulders, and knees from a stipulation award, arguing there was insufficient medical evidence. However, the Board found the parties had mutually stipulated to these body parts in writing, even adding them via handwritten amendment which was initialed by both attorneys. As stipulations are binding and the defendant failed to demonstrate good cause such as mutual mistake or fraud, the petition was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant City of Fullerton's petition for reconsideration. The defendant sought to remove the applicant's wrists, elbows, shoulders, and knees from a stipulation award, arguing there was insufficient medical evidence. However, the Board found the parties had mutually stipulated to these body parts in writing, even adding them via handwritten amendment which was initialed by both attorneys. As stipulations are binding and the defendant failed to demonstrate good cause such as mutual mistake or fraud, the petition was denied.

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DAVID BARROW vs. CITY OF FULLERTON, ADMINSURE (2017) – Anaheim | CompFox