What the panel ordered
The Petition for Reconsideration filed by defendant on September 20, 2021, is dismissed. The matter is returned to the trial level for further proceedings and decision by the WCJ.
Defendant filed a Petition for Reconsideration or, in the alternative, a Petition to set aside the Order Approving Compromise and Release (OACR) issued by the WCJ on August 24, 2021. The WCJ issued a Report and Recommendation on Petition for Reconsideration recommending granting the Petition and setting aside the OACR. The Appeals Board dismissed the Petition as premature and returned the matter to the trial level for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board dismissed the Petition as premature because there was no evidentiary record to evaluate the basis of the WCJ's recommendation to set aside the OACR. The matter was returned to the trial level for further proceedings to create a record and allow a decision on the Petition to set aside the OACR.
From the decision · page 1Defendant seeks reconsideration of Order Approving Compromise and Release (OACR) issued by the workers' compensation administrative law judge (WCJ) on August 24, 2021. In the alternative, defendant filed a Petition to set aside the OACR.