What the panel ordered
Petition for reconsideration granted; prior April 15, 2024 Decision After Reconsideration rescinded; Joint Findings and Order of November 1, 2022 rescinded; substituted order vacates and rescinds stipulated awards and OACRs; issue of credit deferred.
Defendant petitioned for reconsideration of the Appeals Board's April 15, 2024 Decision After Reconsideration, seeking correction of a clerical error and improper service. The WCAB granted reconsideration, rescinded its prior decision, and issued a corrected decision after review and partial adoption of the WCJ's report.
This docket was decided more than once. Shown here is the latest released decision; we also hold April 15, 2024.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The issue of credit is more appropriately deferred at this time, as recommended by the WCJ and adopted by the Appeals Board.
From the decision · page 3Based upon the WCJ's discussion in the Report, good cause existed to rescind the awards and OACRs in these cases. We further agree with the WCJ that the issue of credit is more appropriately deferred at this time, and we will amend the F&O accordingly
Good cause existed to rescind the awards and OACRs in these cases, as discussed in the WCJ's report and adopted by the Appeals Board.
From the decision · page 3Based upon the WCJ's discussion in the Report, good cause existed to rescind the awards and OACRs in these cases. We further agree with the WCJ that the issue of credit is more appropriately deferred at this time, and we will amend the F&O accordingly
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Service of the prior decision was made on an email address for prior defense counsel and not by defendant's selected method of service in EAMS.
Favours Defendant prevailed
Failure to properly serve defendant required the Appeals Board to correct the error by reserving the decision.
From the decision · page 2Here, it appears that service was made on an email address for prior defense counsel and not by defendant's selected method of service in EAMS. Accordingly, it appears that the Appeals Board failed to properly serve defendant the original decision and we must correct that error by reserving the decision.
The prior Decision incorrectly identified the Joint Findings and Order as issuing on November 1, 2023, when it actually issued on November 1, 2022.
Favours Defendant prevailed
Clerical error in the date required correction and was a basis for granting reconsideration.
From the decision · page 2Defendant correctly notes that the prior Decision improperly identified the Joint Findings and Order as issuing on November 1, 2023, when in fact the F&O issued on November 1, 2022. Accordingly, we will grant reconsideration to correct for clerical error.
Good cause existed to rescind the awards and OACRs in these cases, as discussed in the WCJ's report and adopted by the Appeals Board.
Favours Applicant prevailed
The finding of good cause was the basis for vacating and rescinding the awards and OACRs.
From the decision · page 3Based upon the WCJ's discussion in the Report, good cause existed to rescind the awards and OACRs in these cases. We further agree with the WCJ that the issue of credit is more appropriately deferred at this time, and we will amend the F&O accordingly
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Toccalino v. Workers' Comp. Appeals Bd. (1982) 128 Cal. App. 3d, 543, 558
The Appeals Board or a Workers' Compensation Judge may correct a clerical error at any time and without necessity for further hearings, notwithstanding the lapse of the statutory period for filing a petition for reconsideration.
Applied to correct the clerical error in the date of the Joint Findings and Order.
From the decision · page 2"The Appeals Board or a Workers' Compensation Judge may correct a clerical error at any time and without necessity for further hearings, notwithstanding the lapse of the statutory period for filing a petition for reconsideration." (Toccalino v. Workers' Comp. Appeals Bd. (1982) 128 Cal. App. 3d, 543, 558 (internal citation omitted).)
Lab. Code, § 5803
The appeals board has continuing jurisdiction over all its orders, decisions, and awards and may rescind, alter, or amend any order, decision or award, good cause appearing therefor.
Applied to determine that good cause existed to rescind the awards and OACRs in these cases.
From the decision · page 3"The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of [Division 4]... At any time, upon notice and after the opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision or award, good cause appearing therefor." (Lab. Code, § 5803.)
In re Candelario, (1970) 3 Cal. 3d 702, 705
A court has the inherent power to correct clerical errors in its records so as to make these records reflect the true facts.
Applied to correct the clerical error in the date of the Joint Findings and Order.
From the decision · page 2"It is not open to question that a court has the inherent power to correct clerical errors in its records so as to make these records reflect the true facts. (Citations.) The power exists independently of statute and may be exercised in criminal as well as in civil cases." (In re Candelario, (1970) 3 Cal. 3d 702, 705 [internal citations omitted].)
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
- Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
- If you are named in this decision and want this page removed, write to privacy@similarcase.com.