Figueroa Garcia, Ana

The WCAB previously found applicant Ana Figueroa Garcia sustained 72% permanent disability arising from a 2001 date of injury while employed by Alum Rock Union Elementary School District. The April 23, 2021 Decision erroneously adopted a maximum PD rate of $170.00 (the correct rate when disability was found to be less than 70%) rather than the $230.00 rate applicable to disability at or above 70% under Labor Code section 4453(b)(7), even though the parties had stipulated that applicant's earnings were sufficient to produce PD at the maximum rate. The defendant argued that applicant's failure to timely seek reconsideration of the 2021 Decision deprived the Board of jurisdiction. The Board rejected this, reasoning the issue was not the finality of the 2021 Decision but enforcement of the parties' binding stipulation, and that its own failure to recognize that stipulation was an error of law constituting good cause to amend the award. The Board issued a Notice of Intent to amend Finding of Fact #2 to reflect a maximum PD rate of $230.00 per week.