Beatriz Rocha sustained an industrial injury to her back, knee, psyche, and digestive system on 11/9/16 while working as a caregiver. A Stipulated Award issued on 2/10/23 setting PD at 31% payable at $170.57/week totaling $40,020.00 with a $6,003.00 attorney's fee. Defendant claimed a 'mutual mistake' in the total PD calculation (asserting it should have been $23,538.66) but failed to timely petition for reconsideration, and the award became final. The WCAB denied reconsideration, holding that more than five years had passed from the date of injury under Labor Code section 5804, that defendant demonstrated at most a unilateral (not extrinsic) mistake insufficient to set aside a final judgment, and that penalties and interest were properly awarded for defendant's failure to pay the award in full.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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