Pacific Bell Telephone Company; Old Republic Insurance Company, adjusted by Sedgwick CMS Deanna Barnette WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEANNA BARNETTE, Applicant,vs.PACIFIC BELL TELEPHONE COMPANY; 8 OLD REPUBLIC INSURANCE COMPANY,Adjusted By SEDGWICK CMS, Defendants.Case No. ADJ10135147(Sacramento District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the October 21, 2015 stipulated Award issued by a workers’ compensation administrative law judge (WCJ), wherein the WCJ found that applicant was entitled to 13% permanent disability, equating to $9,717.50 permanent disability indemnity, without any credit to defendant for the payments made under the employer’s disability plan. In the alternative, defendant seeks to set aside the underlying stipulations based on a mutual mistake of fact. Defendant contends that the omission of the credit was a mutual mistake of fact, arguing that if the A ward is not rescinded and the stipulations set aside, the applicant will be unjustly enriched by an overpayment of $4,434.82. We have considered the Petition for Reconsideration and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be granted, the request to set aside the stipulations be deferred, and the matter returned to the trial level. We agree with the WCJ’s recommendation that reconsideration be granted, the Award rescinded, and the matter be returned to the WCJ to determine if the stipulations should be set aside or rescinded. We defer the issue of the parties’ stipulations.Ill , In his Report, the WCJ recommends further inquiry into the stipulations to determine if defendant has presented good cause to set aside the stipulations. Defendant states in its verified Petition tha
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