What the panel ordered
Petition for reconsideration dismissed; matter returned to trial level for further proceedings as a petition to set aside.
Applicant petitioned for reconsideration of the June 25, 2024 Order Approving Compromise and Release; the WCAB considered the petition, answer, and WCJ report, and dismissed the petition, returning the matter to the trial level for further proceedings.
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.
No evidence was admitted into the record regarding applicant's allegations, so the Petition is premature and must be dismissed to ensure due process.
From the decision · page 7Accordingly, since there is currently no evidence admitted into the record regarding applicant's allegations, and to ensure applicant is provided due process, we will dismiss applicant's Petition and return this matter to the trial level for further proceedings. Upon return of this matter to the trial level, we recommend the WCJ treat applicant's Petition as a petition to set aside, including the setting of a hearing so applicant can provide evidence in support of her arguments and create a record upon which a decision can be made by the WCJ. After the WCJ issues a decision, either party may then timely seek reconsideration of that decision.