Los Angeles County Metropolitan Transportation Authority; Travelers Martha Jones WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTHA JONES, Applicant,vs.LOS ANGELES COUNTY METROPOLITAN TRANSPORTATIONAUTHORITY; TRAVELERS, Defendants.Case No. ADJ1327186 (VNO 0352611)1 ,ADJ1921166 (VNO 0386997),ADJ586456 (VNO 0406180), ADJ3720031 (VNO 0438333),ADJ3260350 (VNO 0438336), ADJI 136910 (VNO 0438337),ADJ2812718 (VNO 0457796), ADJ824608 (VNO 0461263),ADJ734672 (VNO 0473729)OPINION AND DECISION AFTER RECONSIDERATION In order to further study the factual and legal issues in this case, on December 24, 2008, we granted defendant’s petition for reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Order of October 2, 2008, wherein it was found that good cause did not exist to set aside either the August 12, 2004 Order Approving Compromise and Release in cases ADJ1921166 (VNO 0386997), ADJ586456 (VNO 0406180), ADJ3720031 (VNO 0438333), ADJ326035 0 (VNO 0438336), and ADJ734672 (VNO 0473729) or the May 20, 2008 stipulated Award in cases ADJ1921166 (VNO 0386997), ADJ586456 (VNO 0406180), ADJ3260350 (VNO 0438336), and ADJ2812718 (VNO 0457796)2. The WCJ thus denied both the applicant’s petition to set aside the Order Approving Compromise and Release of August 12, 20043 and the defendant’s petition to set aside the stipulated Award of May 20, 2008. Defendant contends that the WCJ erred by not setting aside the May 20, 2008 stipulated Award. Defendant claims that good cause exists to set aside the stipulated Award on account of 1 Because case numbers ADJ1327186 (VNO 0352611) and ADJ3720031 (VNO 0438333) were erroneously omitted from the defendant’s petition for reconsideration, we erroneously omitted them from our Order Granting Reconsideration of December 24, 2008.2 The stipulated Award of May 20, 2008 also listed dates of injury corresponding to the dates of injury alleged in cases ADJ T6 1327186 (VNO 0352611) and ADJ7346
Martha Jones vs. Los Angeles County Metropolitan Transportation Authority; Travelers
This case is about Martha Jones appealing to the Workers' Compensation Appeals Board to set aside a stipulated Award of May 20, 2008 and an Order Approving Compromise and Release of August 12, 2004. The Board ultimately denied the appeal, finding that the petition to set aside the stipulated Award was barred by the time limitations of Labor Code § 5804 and that there was insufficient evidence to show that there was a mutual mistake of fact sufficient to constitute good cause to set aside the stipulated Award.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ1327186
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