CompFox AI Summary
The Workers' Compensation Appeals Board denied Ramco Enterprises' petition for reconsideration of a stipulated award. Ramco sought to overturn the award based on an alleged mutual mistake in calculating the permanent disability rate, attempting to invoke Code of Civil Procedure section 473(b). However, the Board found that CCP 473(b) is not binding in workers' compensation proceedings and that even if considered, the alleged mistake did not constitute sufficient grounds to set aside the jointly prepared and approved stipulated award. The Board emphasized that a unilateral mistake or a change of mind is insufficient to rescind an award.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Ramco Enterprises' petition for reconsideration of a stipulated award. Ramco sought to overturn the award based on an alleged mutual mistake in calculating the permanent disability rate, attempting to invoke Code of Civil Procedure section 473(b). However, the Board found that CCP 473(b) is not binding in workers' compensation proceedings and that even if considered, the alleged mistake did not constitute sufficient grounds to set aside the jointly prepared and approved stipulated award. The Board emphasized that a unilateral mistake or a change of mind is insufficient to rescind an award.
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