CompFox AI Summary
The Appeals Board denied the applicant's Petition for Reconsideration, upholding the WCJ's decision. The Board found the issue of applicant's average weekly earnings was barred by res judicata, as it was previously litigated and a final award was issued. Furthermore, no good cause was shown to withdraw from stipulations or alter the previous award, particularly since post-injury W-2s were not necessarily newly discovered evidence and lacked sufficient proof of increased earning capacity at the time of injury. The Board also affirmed the denial of a 15% increase under Labor Code section 4658(d) as the applicant was already employed elsewhere when her condition became permanent and stationary. Finally, penalties were deemed unwarranted for a minimal payment discrepancy, and the denial of adding §5710 fees on trial day was upheld as it would have violated due process.
Full Decision Text1 Pages
The Appeals Board denied the applicant's Petition for Reconsideration, upholding the WCJ's decision. The Board found the issue of applicant's average weekly earnings was barred by res judicata, as it was previously litigated and a final award was issued. Furthermore, no good cause was shown to withdraw from stipulations or alter the previous award, particularly since post-injury W-2s were not necessarily newly discovered evidence and lacked sufficient proof of increased earning capacity at the time of injury. The Board also affirmed the denial of a 15% increase under Labor Code section 4658(d) as the applicant was already employed elsewhere when her condition became permanent and stationary. Finally, penalties were deemed unwarranted for a minimal payment discrepancy, and the denial of adding §5710 fees on trial day was upheld as it would have violated due process.
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