Ralphs Grocery Company; Sedgwick DMS, Inc. Sheila Ray WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHEILA RAY, Applicant,vs. RALPHS GROCERY COMPANY; SEDGWICK DMS, INC., Defendants.Case Nos. AHM 81069; AHM 81103, AHM 81104OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant, Ralphs Grocery Company, permissibly self-insured, seeks reconsideration of the Findings and Order, issued October 22, 2007, in which a workers’ compensation administrative law judge (WCJ) found good cause to grant applicant’s 2007 petition to set aside a 2001 stipulated award, based upon the parties’ mutual mistake in stipulating to 20% permanent disability in reliance upon an error in the determination of applicant’s rating by a Disability Evaluation Specialist. The WCJ denied applicant’s petition to reopen for new and further disability. Defendant Defendant contends the WCJ lacked jurisdiction to grant applicant’s petition to set aside the September 26,2001 stipulated award, and further, that the evidence does not justify the WCJ’s finding that there was a mutual mistake of fact. Applicant has filed an answer to defendant’s petition. We have considered the allegations and arguments of the Petition for Reconsideration, as well as the answer thereto, and have reviewed the record in this matter and the WCJ’s Report and Recommendation on Petition for Reconsideration of December 7, 2007, which considers, and responds to, each of the defendant’s contentions. Based upon our review of the record, and for the reasons stated in the WCJ’s Report, which we adopt and incorporate as the decision of the Board, we will follow the WCJ’s recommendation to grant defendant’s petition and reverse the Findings , and Order. We shall affirm the order denying the petition to reopen and will find no good cause to grant applicant’s petition to set aside the stipulated award, based on the lack of jurisdiction under Labor Code sect
Sheila Ray vs. Ralphs Grocery Company; Sedgwick DMS, Inc.
In this case, Ralphs Grocery Company, a self-insured defendant, sought reconsideration of a workers' compensation administrative law judge's (WCJ) decision to grant the applicant's 2007 petition to set aside a 2001 stipulated award. The WCJ had found good cause to grant the petition based on a mutual mistake in stipulating to 20% permanent disability in reliance upon an error in the determination of the applicant's rating by a Disability Evaluation Specialist. The WCJ denied the applicant's petition to reopen for new and further disability. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and reversed the WCJ's decision, affirming the order denying the petition to reopen and finding no good cause to grant the applicant
- Filed On:
- Court: Anaheim, California
- Case No. AHM81069
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.