What the panel ordered
Petition for Reconsideration dismissed as premature; matter returned to WCJ for further proceedings treating the petition as a Petition to Set Aside the OACR.
Applicant filed a Petition for Reconsideration of the February 9, 2022 Order Approving Compromise and Release (OACR). The WCJ issued a Report and Recommendation to dismiss or deny reconsideration and treat the petition as a Petition to Set Aside the OACR. The WCAB dismissed the Petition for Reconsideration as premature and returned the matter to the WCJ for further proceedings treating the petition as a Petition to Set Aside the OACR.
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 found the Petition for Reconsideration premature because the matter should be returned to the WCJ for further proceedings treating the petition as a Petition to Set Aside the OACR, allowing applicant to present evidence and create a record.
From the decision · page 5Accordingly, we dismiss applicant's Petition for Reconsideration as premature, and return this matter to the WCJ for further proceedings consistent with this opinion. Upon return of this matter to the trial level, we recommend that the WCJ treat applicant's Petition as a petition to set aside and set a hearing. Then, applicant can provide evidence in support of his arguments contained in the Petition and create a record upon which a decision can be made by the WCJ.