Home/Case Law/THEODORE YOST vs. LODESTONE PACIFIC INC., STATE COMPENSATION INSURANCE FUND, DEPARTMENT OF INDUSTRIAL RELATIONS RETURN TO WORK SUPPLEMENT PROGRAM
Regular DecisionReconsideration

THEODORE YOST vs. LODESTONE PACIFIC INC., STATE COMPENSATION INSURANCE FUND, DEPARTMENT OF INDUSTRIAL RELATIONS RETURN TO WORK SUPPLEMENT PROGRAM

Filed: Feb 06, 2018
Pomona
ADJ10256712, ADJ10971822

CompFox AI Summary

The defendant, State Compensation Insurance Fund, sought reconsideration of two Stipulations and Awards totaling 60% permanent disability, arguing the intent was to settle for 45% permanent disability. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as premature. The WCAB found insufficient admissible evidence in the record to evaluate the defendant's claim of mutual mistake. They recommended the petition be treated as a request to set aside the awards, requiring a hearing for evidence to be presented.

Full Decision Text1 Pages

The defendant, State Compensation Insurance Fund, sought reconsideration of two Stipulations and Awards totaling 60% permanent disability, arguing the intent was to settle for 45% permanent disability. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as premature. The WCAB found insufficient admissible evidence in the record to evaluate the defendant's claim of mutual mistake. They recommended the petition be treated as a request to set aside the awards, requiring a hearing for evidence to be presented.

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THEODORE YOST vs. LODESTONE PACIFIC INC., STATE COMPENSATION INSURANCE FUND, DEPARTMENT OF INDUSTRIAL RELATIONS RETURN TO WORK SUPPLEMENT PROGRAM (2018) – Pomona | CompFox