What the panel ordered
Petition for reconsideration granted; July 25, 2023 Award in ADJ16808767 and Order dismissing ADJ17438570 rescinded; matter returned to WCJ for further proceedings.
Applicant, in pro per, petitioned for reconsideration of a July 25, 2023 Award approving a stipulated settlement in ADJ16808767 and an Order dismissing ADJ17438570. The WCJ recommended granting reconsideration and remanding for a hearing on whether there is good cause to set aside the 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 record is insufficient to determine whether applicant understood the agreement, whether a contract was formed, and whether the settlement was adequate; remand is required for further proceedings.
From the decision · page 7While applicant contends that he did not understand that the purpose of the MSC was to settle his workers' compensation claim and that his attorney agreed to a settlement without consulting him, no evidence has been admitted on these issues. Consequently, the record is insufficient as to the issues of whether applicant understood the agreement he signed on March 4, 2023, whether a contract was formed, and, if a contract was formed, whether the settlement in case number ADJ16808767 was adequate.