Home/Case Law/NANCY J. FERREIRA vs. TENET HEALTHCARE/SIERRA VISTA REGIONAL MEDICAL CENTER, SPECIALTY RISK SERVICES
Regular DecisionReconsideration

NANCY J. FERREIRA vs. TENET HEALTHCARE/SIERRA VISTA REGIONAL MEDICAL CENTER, SPECIALTY RISK SERVICES

Filed: Apr 10, 2009
ADJ3012170

CompFox AI Summary

This case concerns an applicant seeking to reopen a prior stipulated award of 14% permanent disability, arguing the wrong rating schedule was applied. The Workers' Compensation Appeals Board granted reconsideration, rescinded the original finding, and returned the matter for further proceedings. The Board found that while judicial error should have been raised by timely reconsideration, mutual mistake could constitute good cause to reopen. Specifically, both parties may have been mistaken about the correct permanent disability rating schedule due to the applicant's unrepresented status at the time of the stipulation.

Full Decision Text1 Pages

This case concerns an applicant seeking to reopen a prior stipulated award of 14% permanent disability, arguing the wrong rating schedule was applied. The Workers' Compensation Appeals Board granted reconsideration, rescinded the original finding, and returned the matter for further proceedings. The Board found that while judicial error should have been raised by timely reconsideration, mutual mistake could constitute good cause to reopen. Specifically, both parties may have been mistaken about the correct permanent disability rating schedule due to the applicant's unrepresented status at the time of the stipulation.

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NANCY J. FERREIRA vs. TENET HEALTHCARE/SIERRA VISTA REGIONAL MEDICAL CENTER, SPECIALTY RISK SERVICES (2009) – | CompFox