WCPanelIQ
PanelDismissed

Washington, Joseph

JOSEPH WASHINGTON, Applicant vs. MICHELS CORPORATION (MICHELS CONSTRUCTION, INC.); XL SPECIALTY INSURANCE COMPANY c/o SEDGWICK, Defendants

ADJ number
ADJ19771743
Decision date
Oct 26, 2025
District office
Anaheim
WCJ
John Cyprien
Claim administrator
XL Specialty Insurance Company c/o Sedgwick
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER
LC §5909LC §5900LC §5803LC §5804LC §5705LC §3202.5LC §5702LC §5502LC §5313CCR §10600CCR §10761CCR §10803

Summary

Defendant Michels Corporation, insured by XL Specialty Insurance Company c/o Sedgwick, sought to set aside or obtain reconsideration of a Stipulation and Award approved by the WCJ on August 11, 2025, contending the temporary disability rate and period listed were inaccurate due to a unilateral mistake. The WCJ recommended dismissing the Petition as premature because no evidence of good cause had been admitted into the record. The Appeals Board agreed, finding that without an evidentiary record it could not evaluate defendant's contentions. The Board dismissed the Petition for Reconsideration and returned the matter to the trial level, recommending that the WCJ treat the Petition as one to set aside the Stipulation and set a hearing to develop the record on good cause.

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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