SIF asks Commission to "undo" its previous stipulation about MMI

The Second Injury Fund was ordered to pay permanent total benefits and appealed regarding the effective date when the benefits were due and alleged the finding that they wee due on January  was an error, although the Fund stipulated to the same January date in the hearing. Michael Deters v Boeing Company,  Inj. No.  14-091486 (Dec. 7 2017)
  
The parties had stipulated in the original hearing that the MMI date was January 2015 and had filed a motion using the later date in May 2015.

The commission rescinded the original stipulation that MMI was in January 2015, and granted an implicit request that MMI was May 2015, but notes the parties did not expressly stipulate that was the date of MMI.  The Commission suggests the parties can modify prior stipulations in many circumstances but the proper inquiry was the date of MMI and not the indirect finding when PTD benefits were due. 

The SIF  offered no expert evidence to refute claimant's experts that claimant was PTD.  

ALJ Baker.