CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration as premature because no evidence was presented to support their claim of mutual mistake regarding the inclusion of sleep disorder disability. The WCAB determined that a hearing is necessary at the trial level to create an evidentiary record regarding this claim and the potential to set aside the prior award. Only after the WCJ issues a new decision based on that evidence can a party properly seek reconsideration.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration as premature because no evidence was presented to support their claim of mutual mistake regarding the inclusion of sleep disorder disability. The WCAB determined that a hearing is necessary at the trial level to create an evidentiary record regarding this claim and the potential to set aside the prior award. Only after the WCJ issues a new decision based on that evidence can a party properly seek reconsideration.
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