ADJ13069105 — California WCAB decision

ADJ13069105 · June 17, 2024

Petition for reconsideration granted; prior April 15, 2024 Decision After Reconsideration rescinded; Joint Findings and Order of November 1, 2022 rescinded; substituted order vacates and rescinds stipulated awards and OACRs; issue of credit deferred.

Issues decided

Medical opinions weighed

Authorities named

District office

Los Angeles

What the panel ordered

Defendant petitioned for reconsideration of the Appeals Board's April 15, 2024 Decision After Reconsideration, seeking correction of a clerical error and improper service. The WCAB granted reconsideration, rescinded its prior decision, and issued a corrected decision after review and partial adoption of the WCJ's report.

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold April 15, 2024.

What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Other disputed issueDeferred

The issue of credit is more appropriately deferred at this time, as recommended by the WCJ and adopted by the Appeals Board.

From the decision · page 3Based upon the WCJ's discussion in the Report, good cause existed to rescind the awards and OACRs in these cases. We further agree with the WCJ that the issue of credit is more appropriately deferred at this time, and we will amend the F&O accordingly

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Toccalino v. Workers' Comp. Appeals Bd. (1982) 128 Cal. App. 3d, 543, 558

The Appeals Board or a Workers' Compensation Judge may correct a clerical error at any time and without necessity for further hearings, notwithstanding the lapse of the statutory period for filing a petition for reconsideration.

Applied to correct the clerical error in the date of the Joint Findings and Order.

From the decision · page 2"The Appeals Board or a Workers' Compensation Judge may correct a clerical error at any time and without necessity for further hearings, notwithstanding the lapse of the statutory period for filing a petition for reconsideration." (Toccalino v. Workers' Comp. Appeals Bd. (1982) 128 Cal. App. 3d, 543, 558 (internal citation omitted).)

Lab. Code, § 5803

The appeals board has continuing jurisdiction over all its orders, decisions, and awards and may rescind, alter, or amend any order, decision or award, good cause appearing therefor.

Applied to determine that good cause existed to rescind the awards and OACRs in these cases.

From the decision · page 3"The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of [Division 4]... At any time, upon notice and after the opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision or award, good cause appearing therefor." (Lab. Code, § 5803.)

In re Candelario, (1970) 3 Cal. 3d 702, 705

A court has the inherent power to correct clerical errors in its records so as to make these records reflect the true facts.

Applied to correct the clerical error in the date of the Joint Findings and Order.

From the decision · page 2"It is not open to question that a court has the inherent power to correct clerical errors in its records so as to make these records reflect the true facts. (Citations.) The power exists independently of statute and may be exercised in criminal as well as in civil cases." (In re Candelario, (1970) 3 Cal. 3d 702, 705 [internal citations omitted].)

ADJ13069105 · June 17, 2024

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

The rules the panel named

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