Fernando Murillo Avila — ADJ14093359

Defendant petitioned for reconsideration of a WCJ award of 3% permanent disability, arguing for the first time that the parties had made a mutual mistake of fact when they stipulated at trial that no permanent disability had been paid. Defendant claimed it was unaware that its TPA, TriStar Risk Management, had issued a $2,900 permanent disability advance on November 23, 2021. The Board treated the petition as one based on newly discovered evidence under Labor Code section 5903(d) and WCAB Rule 10974. The Board found that defendant possessed all information necessary to know about its own advance payments and failed to provide a full and accurate statement establishing that this evidence could not, with reasonable diligence, have been discovered before submission. Because defendant failed to establish reasonable diligence, the Board denied reconsideration without reaching the mutual mistake of fact issue.