CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision denying a defendant's request to set aside a stipulated award. The defendant argued mutual mistake of fact, claiming their counsel was unaware of a prior compromise and release agreement. However, the WCAB found the petition to set aside was untimely under Labor Code § 5804, as all injuries predated the five-year statute of limitations. Furthermore, the defendant failed to present sufficient evidence of mutual mistake regarding the actual parties' awareness of the prior agreement, and the stipulated award covered some distinct injuries.
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The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision denying a defendant's request to set aside a stipulated award. The defendant argued mutual mistake of fact, claiming their counsel was unaware of a prior compromise and release agreement. However, the WCAB found the petition to set aside was untimely under Labor Code § 5804, as all injuries predated the five-year statute of limitations. Furthermore, the defendant failed to present sufficient evidence of mutual mistake regarding the actual parties' awareness of the prior agreement, and the stipulated award covered some distinct injuries.
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