Maribel Garibay — ADJ7361252

Applicant Maribel Garibay sustained an industrial injury on 1/28/2010 and stipulated on 6/20/2016 to 75% permanent disability payable at $264.50 per week pursuant to Labor Code section 4658(d). Due to use of a revised stipulation form, the parties handwrote the corrected weekly rate of $264.50 (replacing $230.00) but failed to change the total settlement figure from $138,577.50 to the correct $159,016.68. Defendant stopped paying once total payments reached $138,577.50, then briefly resumed paying the difference before stopping again, arguing the WCAB lacked jurisdiction to correct the award more than five years after the date of injury. The WCJ found the Board had jurisdiction to enforce payment at the stipulated $264.50 rate, distinguishing enforcement of an award from rescinding, altering, or amending it. The Appeals Board adopted the WCJ's report and denied reconsideration.