Home/Case Law/GARY STALCUP vs. BRAD JOHNSON TRUCKING, CLARENDON NATIONAL INSURANCE COMPANY
Regular DecisionReconsideration

GARY STALCUP vs. BRAD JOHNSON TRUCKING, CLARENDON NATIONAL INSURANCE COMPANY

Filed: Jan 27, 2014
ADJ1308665

CompFox AI Summary

This case involves a dispute over the date of injury for Gary Stalcup's left knee. The defendants seek reconsideration of the WCJ's finding of injury on February 10, 1998, arguing the applicant stipulated to November 10, 1997, and that medical evidence does not support the later date. The Appeals Board denied reconsideration, agreeing with the WCJ that it was equitable to set aside both stipulations (date of injury and insurance coverage) due to apparent mistakes by the parties. The Board affirmed the WCJ's decision to amend the date of injury based on contemporaneous medical evidence rather than enforcing potentially erroneous stipulations.

Full Decision Text1 Pages

This case involves a dispute over the date of injury for Gary Stalcup's left knee. The defendants seek reconsideration of the WCJ's finding of injury on February 10, 1998, arguing the applicant stipulated to November 10, 1997, and that medical evidence does not support the later date. The Appeals Board denied reconsideration, agreeing with the WCJ that it was equitable to set aside both stipulations (date of injury and insurance coverage) due to apparent mistakes by the parties. The Board affirmed the WCJ's decision to amend the date of injury based on contemporaneous medical evidence rather than enforcing potentially erroneous stipulations.

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GARY STALCUP vs. BRAD JOHNSON TRUCKING, CLARENDON NATIONAL INSURANCE COMPANY (2014) – | CompFox