stipulation and later determine that you
do not want to be bound with that
stipulation. A recent case has
discussed the parameters of being
relieved of the previous stipulation.
whole essence of stipulations. "A parry
cannot be permitted to withdraw from a
stipulation simply because another
expert has a different opinion."
parties could continually relitigate an
issue that had apparently been resolved
simply by getting another medical
opinion.
that rescinding the stipulation on the
basis of a medical opinion without
giving the party adversely effected an
opportunity to adduce evidence in
support of the stipulation, may be a
denial of due process.
enter into a stipulation to injury if you
are then going to go to an AME and
there is any doubt as to the injury being
industrial.
states that good cause under 5803 to
reopen a case is "newly discovered
evidence previously unavailable. A
change in the law, or 'any factor or
circumstance unknown at the time the
original award or order was made which
renders the previous finding and award
inequitable'"..
quotes Huston v. WCAB that the
stipulation would have had to be
"entered into through inadvertence,
excusable neglect, fraud mistake of fact
or law, where tire facts stipulated to
have changed or there has been a
change in the underlying conditions that
could not have been anticipated, or
where special circumstances exist
rendering it unjust to enforce the
stipulation.... (w)hen there is no mistake
but merely a lack of full knowledge of
the facts, which... is due to the failure of
a party to exercise due diligence to
ascertain them, there is no proper
ground for relief".
medical evidence may not be considered
a change in the facts sufficient to
rescind the stipulations. Medical
opinions are not considered facts. To
use a new medical opinion to
WCAB
carrier entered into a Stipulation with
Request for Award. The stipulation
admitted AOE-COE but reserved
jurisdiction on T.D. and P.D.. The
parties also agreed on an AME. There
was then a question as to whether the
AME then found the injuries non-
industrial. Assuming for-the sake of
this article that tire AME would have
found the injury non industrial, can the
stipulation be set aside?
that the executed stipulation could be
rescinded because the underlying
facts
BRANNEN V. WCAB....................1
Firm: SAMUELSEN,-GONZALEZ,
VALENZUELA AND SORKOW
Phone: 310 831-0872
Address: 350 West 5th Street San Pedro
CA 90731
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