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| Case Name | State Compensation Insurance Fund v. WCAB (Romero) | |
|---|---|---|
| Date | 05/24/2011 | |
| Note | A petition to reduce disability filed more than five years after the date of injury was untimely, but a workers' compensation judge also erred by increasing an applicant's award, the 2nd District Court of Appeal ruled in an unpublished decision. | |
| Citation | B224825 | |
| WCC Citation | WCC 37652011 CA |
STATE COMPENSATION INSURANCE FUND v. WORKERS' COMPENSATION APPEALS BOARD STATE COMPENSATION INSURANCE FUND, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and VINCENTE ROMERO, Respondents. State Compensation Insurance Fund, Suzanne Ah-Tye, Chief Counsel, Patricia Brown, Deputy Chief Counsel, and Don E. Clark, Senior Appellate Counsel, for Petitioner State Compensation Insurance Fund. State Compensation Insurance Fund (State Fund) petitioned for a writ of review of an opinion and order of the Workers' Compensation Appeals Board (WCAB) denying reconsideration of the findings of fact and award of the workers' compensation administrative law judge (WCJ), who had declined to reopen and set aside the parties' stipulation that Vicente Romero had suffered an industrial injury but did reopen and increase the stipulated award of 35 percent permanent disability to 100 percent. State Fund was Four Winds' workers' compensation insurance carrier. State Fund asserted section 5803 provided the WCAB with continuing jurisdiction to reduce or rescind the original award for good cause.
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