Home/Case Law/IRIS OLGUIN vs. MILPITAS UNIFIED SCHOOL DISTRICT, ACE AMERICAN INSURANCE COMPANY, KEENAN AND ASSOCIATES
Regular DecisionReconsideration

IRIS OLGUIN vs. MILPITAS UNIFIED SCHOOL DISTRICT, ACE AMERICAN INSURANCE COMPANY, KEENAN AND ASSOCIATES

Filed: Sep 23, 2016
San Francisco
ADJ4554500 (SJO 0241850) ADJ3355536 (SJO 0226601) ADJ2828611 (SJO 0239906) ADJ7401506

CompFox AI Summary

The Workers' Compensation Appeals Board denied a Petition for Reconsideration filed by applicant Iris Olguin. The Board adopted the Workers' Compensation Judge's report, which found no good cause to reform stipulated agreements resolving permanent disability and other issues. Applicant's attorney's attempt to belatedly defer penalty issues was rejected due to violations of procedural rules and Labor Code provisions, specifically Labor Code Section 5814(c), which creates a conclusive presumption that penalty issues are resolved in approved stipulations. The Board admonished counsel for attaching impermissible documents to the petition.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied a Petition for Reconsideration filed by applicant Iris Olguin. The Board adopted the Workers' Compensation Judge's report, which found no good cause to reform stipulated agreements resolving permanent disability and other issues. Applicant's attorney's attempt to belatedly defer penalty issues was rejected due to violations of procedural rules and Labor Code provisions, specifically Labor Code Section 5814(c), which creates a conclusive presumption that penalty issues are resolved in approved stipulations. The Board admonished counsel for attaching impermissible documents to the petition.

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