award that was incorrect due to waiver
published Appellate
Court decision that
has major
implications.
case for workers'
compensation
is not published it cites published
cases for principles that can be
effectively utilized.
were an issue presented to the
original Workers' Compensation
Judge (WCJ). The WCJ found
the average weekly earnings to
be $507 a week resulting in a
$338.17. The applicant
apparently petitioned the
Workers' Compensation Appeals
Board (WCAB) and lost on the
issue of earnings.
WCJ in a hearing raised the
temporary disability weekly rate
to $410.00. The employer
appealed and the WCAB
indicated that the applicant had
not timely filed a petition to
reopen and therefore reversed the
WCJ.
awards on the showing of "good
cause". Labor Code 5803.
However, this has to be
accomplished within five years of
the date of injury. Labor Code
5804.
caused by their own affirmative
conduct or failings to correct an
error. Under the doctrine of
"invited error" a party is
estopped from asserting
prejudicial error where their own
conduct caused the error.
was paid at the incorrect rate the
applicant was not allowed to
correct the error and the original
incorrect award was upheld.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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