What the panel ordered
The WCJ's Findings and Order of October 15, 2024, is rescinded; the petition to withdraw the petition for reconsideration is dismissed as moot; the WCJ's order approving the settlement is not disturbed.
Applicant timely petitioned for reconsideration of the Findings and Order issued by the WCJ on October 15, 2024, which was granted for further study of factual and legal issues.
This docket was decided more than once. Shown here is the latest released decision; we also hold January 17, 2025.
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 WCJ's order approving the settlement was improper while the petition for reconsideration was pending, but the Board found the settlement amount and attorney's fee adequate and did not disturb the order; the petition to withdraw the petition for reconsideration was dismissed as moot.
From the decision · page 1Although it was improper for the WCJ to approve the settlement while this matter was pending before the appeals board1, based on our own review of the record, we find the amount of the settlement and the attorney's fee to be adequate. Accordingly, in the interests of clarity and expediency, we will not disturb the WCJ's order approving the settlement. We will, however, dismiss the petition to withdraw the petition for reconsideration, since we find it to be moot based on the order approving settlement and our decision herein.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ approved the settlement while the petition for reconsideration was pending before the Appeals Board, which was improper under WCAB Rule 10961(c).
Favours neutral
This procedural error was noted but the Board found the settlement amount and attorney's fee adequate and chose not to disturb the order.
From the decision · page 1Although it was improper for the WCJ to approve the settlement while this matter was pending before the appeals board1, based on our own review of the record, we find the amount of the settlement and the attorney's fee to be adequate. Accordingly, in the interests of clarity and expediency, we will not disturb the WCJ's order approving the settlement. We will, however, dismiss the petition to withdraw the petition for reconsideration, since we find it to be moot based on the order approving settlement and our decision herein.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10961 (c)
WCAB Rule (Cal. Code Regs., tit. 8, 10961 (c))
The rule prohibits a WCJ from issuing any order after a petition for reconsideration is filed until the Appeals Board acts; the WCJ's approval of settlement was improper but not disturbed due to adequacy of settlement and attorney's fee.
From the decision · page 11 WCAB Rule (Cal. Code Regs., tit. 8, § 10961 (c)) provides, in pertinent part, "... After 15 days have elapsed from the filing of a petition for reconsideration, a workers' compensation judge shall not issue any order in the case until the Appeals Board has denied or dismissed the petition for reconsideration or issued a decision after reconsideration."
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About this page
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