WCPanelIQ
PanelDenied

Spalding, Brian

BRIAN SPALDING, Applicant vs. ELITE SHEET METAL AND DRAIN GUTTERS; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ13556297
Decision date
Jun 5, 2025
District office
Van Nuys
WCJ
Martha Hendersen
Claim administrator
State Compensation Insurance Fund
Commissioners
—
LC §5909LC §5900CCR §10600

Summary

Brian Spalding settled his claim against Elite Sheet Metal via a Compromise and Release (C&R) signed February 6, 2025, which stated that $0 in permanent disability advances had been paid. The WCJ approved the C&R via an Order Approving Compromise and Release (OACR) on March 12, 2025, providing applicant a net of $148,750.00. State Compensation Insurance Fund (SCIF) filed a Petition for Reconsideration, arguing it 'forgot to take credit' for PD advances of $11,641.42. The WCJ recommended denial, finding SCIF demonstrated only a unilateral mistake—not fraud, mutual mistake, duress, or undue influence—and thus failed to show good cause to set aside the award. The Appeals Board adopted the WCJ's report and denied reconsideration. The decision also addresses the timeliness of the Board's action under amended Labor Code section 5909.

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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