Home/Case Law/JOSE SALAZAR vs. JAMES JONES COMPANY, INC.; MUELLER GROUP C/O SEDGWICK
Regular DecisionReconsideration

JOSE SALAZAR vs. JAMES JONES COMPANY, INC.; MUELLER GROUP C/O SEDGWICK

Filed: Feb 18, 2020
San Francisco
ADJ2523054 (POM 2523054) ADJ8607480 ADJ9435881

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior administrative law judge's decision. The Board held that the applicant failed to demonstrate extrinsic fraud or mistake to set aside a 2004 stipulated award, as the petition was filed over fifteen years after the award, well beyond the five-year statutory limit. The applicant's claim of not understanding the settlement documents, even if accepted, did not show he was prevented from presenting his case or that he diligently pursued relief. Therefore, the applicant's petition to set aside the stipulated award was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior administrative law judge's decision. The Board held that the applicant failed to demonstrate extrinsic fraud or mistake to set aside a 2004 stipulated award, as the petition was filed over fifteen years after the award, well beyond the five-year statutory limit. The applicant's claim of not understanding the settlement documents, even if accepted, did not show he was prevented from presenting his case or that he diligently pursued relief. Therefore, the applicant's petition to set aside the stipulated award was denied.

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