Theriault, Cheryl

Applicant Cheryl Theriault sustained an industrial injury on June 25, 2015 while working for Home Depot and settled with the employer via Stipulations and Award, stipulating to weekly earnings of $388.83. She later filed a petition for SIBTF benefits, and the WCJ bound her to the stipulated $388.83 earnings figure in the SIBTF action, finding she failed to provide any legal or evidentiary basis to escape that stipulation. Applicant sought reconsideration, arguing SIBTF was not a party to the stipulation and that additional evidence of her earnings capacity should be developed. The Appeals Board granted reconsideration, finding it unclear whether the legal issues had been properly identified, whether the record was sufficient, and whether further development of the record was necessary. The Board deferred a final decision pending further review of the merits and the entire record.