M & C Forklift, Inc.; State Compensation Insurance Fund Paul Montiel WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPAUL MONTIEL, Applicant,vs.M & C FORKLIFT, INC.; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1494233 (AHM 0129018)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of a stipulated Award approved by a workers’ compensation administrative law judge on June 1, 2011 , wherein it was found that, while employed as a preventative maintenance mechanic on January 19, 2005, applicant sustained industrial injury to the left upper extremity, “internal” and to “all body parts stated in the [agreed medical evaluation] report of [Standiford] HIelm [II, M.D.]”. Paragraph 9 of the Stipulations with Request for Award that form the basis for the Award reads: “Parties stipulate to the body parts listed upper extremity and internal (sic). The parties agree there is no psyche injury and [defendant] State [Compensation Insurance] Fund has denied psyche. Applicant agrees to notify [defendant] State [Compensation Insurance] Fund when seeking treatment under this award.” Defendant seeks to set aside the Award, alleging that after defendant signed the stipulations, without defense counsel’s knowledge, applicant’s counsel wrote “all body parts stated in the [agreed medical evaluation] report of [Standiford] Helm [II, M.D.]” in the “body parts” section of the stipulations forming the basis for the Award. We have received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). For the reasons stated by the WCJ, which we hereby adopt and incorporate, we will deny the defendant’s petition. , Although the better practice would have been to clearly state any stipulation regarding applicant’s future entitlement to cognitive behavioral therapy in Paragraph 9 of the Stipulations with Request for Award form, and to simply list all injured
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