CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding that a prior stipulation for an award was based on a mutual mistake of fact. The central issue was whether the applicant sustained a specific injury to her bilateral upper extremities. The Board agreed that a subsequent change in the qualified medical evaluator's opinion, after the award was entered, created a situation unforeseeable to the parties, justifying the reconsideration of the award's validity. The Board noted concerns about the QME's methodology and encouraged the parties to consider an Agreed Medical Evaluator.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding that a prior stipulation for an award was based on a mutual mistake of fact. The central issue was whether the applicant sustained a specific injury to her bilateral upper extremities. The Board agreed that a subsequent change in the qualified medical evaluator's opinion, after the award was entered, created a situation unforeseeable to the parties, justifying the reconsideration of the award's validity. The Board noted concerns about the QME's methodology and encouraged the parties to consider an Agreed Medical Evaluator.
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