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Regular DecisionReconsideration

MICHAEL BEDIG vs. CANTRELL'S COMPUTER SALES AND SERVICE, AMERICAN CASUALTY COMPANY

Filed: Jun 06, 2019
Oakland
ADJ10067186

CompFox AI Summary

This case concerns Michael Bedig's petition for reconsideration of a workers' compensation award. The Administrative Law Judge (ALJ) determined Bedig sustained injury to his neck and left upper extremity, resulting in 20% permanent disability and a specific weekly indemnity rate. Bedig sought to overturn this, arguing the ALJ erred by relying on stipulated earnings from a pre-trial conference statement, which he claimed were entered into by mistake and that his actual earning capacity should have been used. The Workers' Compensation Appeals Board denied reconsideration, finding that Bedig had repeatedly stipulated to his earnings and indemnity rate, failed to object to these stipulations at trial or subsequently, and did not demonstrate sufficient grounds to set aside a unilateral mistake.

Full Decision Text1 Pages

This case concerns Michael Bedig's petition for reconsideration of a workers' compensation award. The Administrative Law Judge (ALJ) determined Bedig sustained injury to his neck and left upper extremity, resulting in 20% permanent disability and a specific weekly indemnity rate. Bedig sought to overturn this, arguing the ALJ erred by relying on stipulated earnings from a pre-trial conference statement, which he claimed were entered into by mistake and that his actual earning capacity should have been used. The Workers' Compensation Appeals Board denied reconsideration, finding that Bedig had repeatedly stipulated to his earnings and indemnity rate, failed to object to these stipulations at trial or subsequently, and did not demonstrate sufficient grounds to set aside a unilateral mistake.

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MICHAEL BEDIG vs. CANTRELL'S COMPUTER SALES AND SERVICE, AMERICAN CASUALTY COMPANY (2019) – Oakland | CompFox