CompFox AI Summary
The defendant sought reconsideration of an award based on stipulated facts, claiming a calculation error in the applicant's permanent disability indemnity rate. The Appeals Board dismissed the petition as premature because the defendant presented no admitted evidence to support their claim of error regarding the stipulated rate. The Board clarified that a petition to set aside the award, supported by evidence of good cause, would be the proper procedural avenue. The case is remanded to the WCJ to consider the defendant's filing as a petition to set aside the award and to hold a hearing for evidence submission.
Full Decision Text1 Pages
The defendant sought reconsideration of an award based on stipulated facts, claiming a calculation error in the applicant's permanent disability indemnity rate. The Appeals Board dismissed the petition as premature because the defendant presented no admitted evidence to support their claim of error regarding the stipulated rate. The Board clarified that a petition to set aside the award, supported by evidence of good cause, would be the proper procedural avenue. The case is remanded to the WCJ to consider the defendant's filing as a petition to set aside the award and to hold a hearing for evidence submission.
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