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2nd DCA Says Worker Could Reopen Stipulated Settlement

By Sherri Okamoto (Legal Reporter)

Thursday, May 8, 2014 | 7

The 2nd District Court of Appeals on Wednesday ruled that an injured worker could renege on his agreement to a stipulated award for his industrial injury and reopen his claim based on a new report from an agreed medical evaluator increasing his level of disability.The case was Benavides v. WCAB (Specialty Risk Services), No. B251487, and the decision was unpublished.Benavides had worked as a handyman for Antonio Sanchez. He suffered injuries to his back and ankle in February 2005 when he fell from the roof of a building. Sanchez's insurance carrier and claims administrator accepted Be...

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