Home/Case Law/MICHAEL ELDERKIN vs. RCC CONSTRUCTORS AND CIGA BY BROADSPIRE SERVICES FOR LEGION INSURANCE COMPANY, IN LIQUIDATION
Regular DecisionReconsideration

MICHAEL ELDERKIN vs. RCC CONSTRUCTORS AND CIGA BY BROADSPIRE SERVICES FOR LEGION INSURANCE COMPANY, IN LIQUIDATION

Filed: Dec 12, 2007
OAK 0280463

CompFox AI Summary

This case concerns a worker's compensation applicant seeking reconsideration of an award that set his average weekly wage below the maximum rate. The Appeals Board granted reconsideration, finding that the defendant failed to demonstrate good cause to withdraw from a prior stipulation between the parties establishing the applicant's earnings at the maximum rate. The Board emphasized that stipulations should be upheld unless there is clear evidence of mistake or inadvertence, not simply an unfavorable outcome for a party.

Full Decision Text1 Pages

This case concerns a worker's compensation applicant seeking reconsideration of an award that set his average weekly wage below the maximum rate. The Appeals Board granted reconsideration, finding that the defendant failed to demonstrate good cause to withdraw from a prior stipulation between the parties establishing the applicant's earnings at the maximum rate. The Board emphasized that stipulations should be upheld unless there is clear evidence of mistake or inadvertence, not simply an unfavorable outcome for a party.

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MICHAEL ELDERKIN vs. RCC CONSTRUCTORS AND CIGA BY BROADSPIRE SERVICES FOR LEGION INSURANCE COMPANY, IN LIQUIDATION (2007) – | CompFox