Home/Case Law/PAUL MONTIEL vs. M & C FORKLIFT, INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

PAUL MONTIEL vs. M & C FORKLIFT, INC., STATE COMPENSATION INSURANCE FUND

Filed: Aug 15, 2011
San Francisco
ADJ1494233 (AHM 0129018)

CompFox AI Summary

Defendant M&C Forklift, Inc. sought reconsideration to set aside a stipulated workers' compensation award. They argued applicant's counsel improperly added a clause incorporating an agreed medical evaluation report's body parts after the defendant signed. The Board denied the petition, adopting the WCJ's reasoning. The Board found the defendant was not aggrieved as the medical report did not list specific body parts, and the applicant stipulated no psyche injury. The Board noted drafting issues but found them insufficient to invalidate the award.

Full Decision Text1 Pages

Defendant M&C Forklift, Inc. sought reconsideration to set aside a stipulated workers' compensation award. They argued applicant's counsel improperly added a clause incorporating an agreed medical evaluation report's body parts after the defendant signed. The Board denied the petition, adopting the WCJ's reasoning. The Board found the defendant was not aggrieved as the medical report did not list specific body parts, and the applicant stipulated no psyche injury. The Board noted drafting issues but found them insufficient to invalidate the award.

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