Josefina Lopez vs. Ramco Enterprises; Redwood Fire & Casualty Insurance Company C/o Berkshire Hathaway Homestate Companies

, ADJ1732342, OXN0144957, ADJ6575424 is a case in which Josefina Lopez, an employee of Ramco Enterprises, Inc., was injured while on the job. The parties entered into a Stipulated Award to settle the case, but the defendant, Redwood Fire & Casualty Insurance Company, filed a Petition for Reconsideration. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, finding that the defendant had not provided sufficient evidence of a mutual mistake to set aside the Award.

RAMCO ENTERPRISES; REDWOOD FIRE & CASUALTY INSURANCE COMPANY c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES JOSEFINA LOPEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEFINA LOPEZ, Applicantvs.RAMCO ENTERPRISES; REDWOOD FIRE CASUALTY INSURANCE COMPANYc/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES, DefendantsCase Nos. ADJ3505091 (OXN 0144958)ADJl 732342 (OXN 0144957)ADJ6575424ORDER DENYING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration.            We further note that defendant relies upon Code of Civil Procedure section 473(b), which provides in pertinent part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.”            However, the provisions of the Code of Civil Procedure do not generally apply in workers’ compensation proceedings (Lab Code, § 5708) and, therefore, the provisions of Code of Civil Procedure section 473(b) are not binding in cases before the Workers’ Compensation Appeals Board (WCAB). (Ochoa v. Workers’ Comp. Appeals Bd. (1999) 64 Cal.Comp.Cases 593, 594 (writ den.).) But even if we had considered defendant’s invocation of section 4 73 (b) on the merits, we are not persuaded that defense counsel’s allegedly mistaken preparation of the permanent disability indemnity rate constitutes a proper basis to overturn the Stipulated Award. ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________

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