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PanelDismissed

Guadalupe Hurtado — ADJ10855030

GUADALUPE HURTADO, Applicant vs. THE JM SMUCKER COMPANY; insured by ACE INDEMNITY INSURANCE, adjusted by GALLAGHER BASSETT, Defendants

ADJ number: ADJ10855030
Decision date: May 8, 2022
District office: Oxnard
WCJ: —
Claim administrator: Gallagher Bassett (adjusting for ACE Indemnity Insurance)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: head, neck, back, upper extremities, lower extremities, lumbar spine

LC §5803LC §5702CCR §10205.2CCR §10205.2(a)

Summary

Applicant Guadalupe Hurtado, a janitor, claimed injury to multiple body parts on July 11, 2016, while employed by The JM Smucker Company. The parties entered into Stipulations with Request for Award using DWC-WCAB form 10214(a), which the WCJ approved by Award on February 16, 2022, stipulating a temporary disability period of February 7, 2018 through August 26, 2019 and 22% permanent disability. Defendant petitioned for reconsideration, arguing a mutual mistake because TD was actually paid over two distinct periods (2/7/18-8/13/18 and 8/2/19-8/26/19) for less money than the single continuous period implied. The Board found that the determination of mutual mistake is a triable issue of fact requiring an evidentiary record, notice, and an opportunity to be heard, and that defendant provided no supporting evidence. The Board dismissed the Petition as premature and returned the matter to the trial level, recommending the WCJ treat the Petition as one to set aside the Award and set a hearing.

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.