CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the WCJ's finding that a Stipulation with Request for Award was not ambiguous. The defendant sought credit for permanent disability payments made before June 28, 2010, in dismissed cases, arguing the stipulation allowed for credit of "previously made" payments. However, the Board found the stipulation's plain language only entitled the defendant to credit for payments made on or after June 28, 2010, in the primary case. The defendant failed to prove mutual intent for credit of prior payments in dismissed claims.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the WCJ's finding that a Stipulation with Request for Award was not ambiguous. The defendant sought credit for permanent disability payments made before June 28, 2010, in dismissed cases, arguing the stipulation allowed for credit of "previously made" payments. However, the Board found the stipulation's plain language only entitled the defendant to credit for payments made on or after June 28, 2010, in the primary case. The defendant failed to prove mutual intent for credit of prior payments in dismissed claims.
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