Fassett, Robert

Robert Fassett (deceased) was injured in a motor vehicle accident while driving from his home to his employer's office. He recovered a net sum of $271,558.92 from a third-party civil case. A January 11, 2018 Stipulation and Award/Order purported to grant a Labor Code section 3861 credit to ESIS, the third-party administrator, in that amount. The WCJ set aside the Stipulation because it incorrectly named ESIS (a TPA with no credit rights) rather than ACE American Insurance Company, and instead found that ACE, as the insurer, was entitled to the full credit of $271,558.92. The Appeals Board granted reconsideration and, as its Decision After Reconsideration, affirmed the F&O except to amend the date of the Stipulation and Award/Order from January 11, 2017 to the correct date of January 11, 2018, treating the date discrepancy as a clerical error.