Rezkala, Emad

Applicant Emad Rezkalla suffered an industrial injury on 7/19/2014 to his back, arm, leg/knee, and settled by Stipulation with Request for Award on 9/5/2017 covering the left knee, left elbow, and lower back. On 9/6/2022, nearly five years after the Award and over eight years after injury, applicant filed a Petition to Set Aside the Stipulations alleging mutual mistake because the right eye (and left shoulder) had not been included. The WCJ found no good cause or mutual mistake, noting the right eye was never pled, no medical evidence established industrial causation of the eye, and the eye surgery predated the settlement. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report and Opinion, and relying on the principle that provision of medical treatment is not an admission of liability under Labor Code § 4909.