What the panel ordered
May 26, 2023 Findings of Fact and Award rescinded; matter remanded to WCJ to consider Compromise and Release settlement and conduct further proceedings as appropriate.
Petition for reconsideration filed by defendant State Compensation Insurance Fund from WCJ decision dated May 26, 2023, granting further medical treatment to applicant; WCAB granted reconsideration and issued decision after reconsideration on November 28, 2023.
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The WCAB rescinded the prior Findings of Fact and Award and remanded the matter to the WCJ to consider the Compromise and Release settlement reached by the parties, without ruling on the merits of the petition for reconsideration.
From the decision · page 1Defendant State Compensation Insurance Fund petitioned for reconsideration of the Findings of Fact and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on May 26, 2023. In that decision, the WCJ found that applicant sustained injury to his head, nose and right shoulder, and was entitled to, and awarded, further medical treatment in the form of continued treatment with the Occupational Transitional Living Center Day Program with [a] Spanish interpreter in accordance with Patterson v. The Oaks Farm (2014) 79 Cal.Comp.Cases 910 (Appeals Board significant panel decision).