Franklin, Carmen

Defendant State Farm/Sedgwick sought reconsideration of a June 26, 2025 Findings, Award, and Order in which the WCJ set aside an August 16, 2024 Award approving the parties' Stipulations, found applicant Carmen Franklin owed permanent disability benefits from October 22, 2019 to the date of death with interest, and issued a Notice of Intent (NIT) to impose sanctions against defendant. Defendant argued the prior Award should not have been set aside because the WCJ improperly found a mutual mistake of fact, and that there were no grounds for sanctions. The Appeals Board first addressed timeliness under amended Labor Code section 5909, finding it acted within 60 days of transmission. The Board then determined that, although the F,A&O contained final findings, defendant was only challenging the interlocutory order setting aside the prior Award, so the removal standard applied. The Board found no significant prejudice or irreparable harm and declined to address the NIT since no sanction order had yet issued. The petition was denied.