CompFox AI Summary
Defendant sought reconsideration of a workers' compensation award based on a stipulated agreement, alleging a mistake in the agreed-upon permanent disability rating. The defendant contended that the 55% rating was a mistake and that the parties had actually agreed to a 45% rating. The Appeals Board dismissed the petition for reconsideration, ruling that the defendant's request should be treated as a petition to set aside the award at the trial level. The Board determined that further proceedings are necessary to allow both parties to present evidence regarding the alleged mutual mistake of fact.
Full Decision Text1 Pages
Defendant sought reconsideration of a workers' compensation award based on a stipulated agreement, alleging a mistake in the agreed-upon permanent disability rating. The defendant contended that the 55% rating was a mistake and that the parties had actually agreed to a 45% rating. The Appeals Board dismissed the petition for reconsideration, ruling that the defendant's request should be treated as a petition to set aside the award at the trial level. The Board determined that further proceedings are necessary to allow both parties to present evidence regarding the alleged mutual mistake of fact.
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