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PanelDismissed

Aaron, Carl

CARL AARON, Applicant vs. HESPERIA UNIFIED SCHOOL DISTRICT, permissibly self-insured member of CSRM JPA WITH PRISM, administered by SEDGWICK, Defendants

ADJ number: ADJ10948627
Decision date: Aug 17, 2023
District office: San Bernardino
WCJ: —
Claim administrator: Sedgwick (administering for Hesperia Unified School District, permissibly self-insured member of CSRM JPA with PRISM)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5803LC §5702LC §5701LC §5906CCR §10700

Summary

Defendant Hesperia Unified School District sought reconsideration of a May 30, 2023 Award approving a stipulated settlement, arguing the Award was based on incorrect commutation calculations that both parties had relied upon. The WCJ recommended denying the Petition or treating it as a petition to set aside the Award. The WCAB panel held that the Petition for Reconsideration was premature because the proper procedural vehicle for correcting a settlement based on mutual mistake is a petition to set aside the Award, which requires a record to be developed at the trial level. The Board dismissed the Petition and returned the matter to the WCJ with instructions to treat it as a petition to set aside, including setting a hearing to allow the parties to create an evidentiary record.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.