Archdiocese Of Los Angeles; Gallagher Bassett Carolyn Moran WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACAROLYN MORAN, Applicant,vs.ARCHDIOCESE OF LOS ANGELES; GALLAGHER BASSETT, Defendant(s).Case No. VNO 497588OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, Carolyn Moran, seeks reconsideration of the May 21, 2007 Stipulations with Request for Award and Award, wherein it was stipulated that applicant, born October 5, 1949, while employed as a teacher on November 21, 2003, sustained industrial injury to her cervical spine, lumbar spine, left shoulder, right shoulder, right elbow, right wrist, and to both knees resulting in permanent disability of 40% and the need for further medical treatment. The stipulations were reached based on the agreed medical examiner (AME) report of Dr. D. A. Pechman, dated March 8, 2005. Applicant contends that 1) the stipulated award was procured by mistake or fraud on the part of defendant and should be set aside (Ennis v. Workers’ Comp. Appeals Bd. (1977) 42 Cal.Comp.Cascs 906); 2) she indicated to defendant in letters dated March 20, 2007 and April 30, 2007, that she did not want to go forward with the stipulations and request for award, signed several months prior on January 17, 2007, before her right knee and spine worsened, requiring the present need for surgery; and 3) although she executed the stipulations with request for award on January 17, 2007, defendant, four months later, knowing applicant did not want to go forward with the executed original stipulations, approached the WCJ and obtained the stipulated award, which should be set aside. , Based on our review of the record, and for the reasons stated herein, we will grantreconsideration, rescind the award, and order the case returned to the trial level for furtherproceedings. With respect to applicant’s argument that the stipulations were submitted to the WCIwithout authorization
