What the panel ordered
The WCJ's decision of April 16, 2021 is rescinded and the matter is returned to the trial level for further proceedings and decision by the WCJ.
The Appeals Board rescinded the WCJ's decision of April 16, 2021, and returned the matter to the trial level for further proceedings and decision by the WCJ to consider a proposed settlement.
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 returned the matter to the WCJ to consider the proposed settlement because the District Office is precluded from acting while the case is pending on reconsideration.
From the decision · page 1Since the District Office is precluded from acting on a case while it is pending on reconsideration (Cal. Code Regs., tit. 8, § 10961), in order to permit review by the workers' compensation administrative law judge (WCJ) of the proposed settlement, we will rescind the decision from which reconsideration is sought and return this matter to the trial level for the WCJ to consider the proposed settlement. If the WCJ does not approve the settlement, the WCJ may issue an order reinstating the original decision and any aggrieved person may timely seek reconsideration from the reinstated decision. This is not a final decision on the merits of any of the issues pending on reconsideration.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The parties reached a proposed settlement while the matter was pending on reconsideration.
Favours Applicant prevailed
This required the Appeals Board to rescind the prior decision and return the matter to the WCJ for settlement review.
From the decision · page 1It has come to the attention of the Appeals Board that, while this matter has been pending on reconsideration, the parties have reached a proposed settlement.
The District Office is precluded from acting on a case while it is pending on reconsideration under Cal. Code Regs., tit. 8, § 10961.
Favours Applicant prevailed
This regulatory restriction required the Appeals Board to rescind the decision and return the matter to the WCJ for further proceedings.
From the decision · page 1Since the District Office is precluded from acting on a case while it is pending on reconsideration (Cal. Code Regs., tit. 8, § 10961), in order to permit review by the workers' compensation administrative law judge (WCJ) of the proposed settlement, we will rescind the decision from which reconsideration is sought and return this matter to the trial level for the WCJ to consider the proposed settlement. If the WCJ does not approve the settlement, the WCJ may issue an order reinstating the original decision and any aggrieved person may timely seek reconsideration from the reinstated decision. This is not a final decision on the merits of any of the issues pending on reconsideration.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, § 10961
Cal. Code Regs., tit. 8, § 10961 - District Office precluded from acting on a case pending reconsideration
The Appeals Board rescinded the decision and returned the matter to the WCJ to consider the proposed settlement because the District Office cannot act while the case is pending on reconsideration.
From the decision · page 1Since the District Office is precluded from acting on a case while it is pending on reconsideration (Cal. Code Regs., tit. 8, § 10961), in order to permit review by the workers' compensation administrative law judge (WCJ) of the proposed settlement, we will rescind the decision from which reconsideration is sought and return this matter to the trial level for the WCJ to consider the proposed settlement. If the WCJ does not approve the settlement, the WCJ may issue an order reinstating the original decision and any aggrieved person may timely seek reconsideration from the reinstated decision. This is not a final decision on the merits of any of the issues pending on reconsideration.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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