What the panel ordered
Grant for Study vacated and Petition for Reconsideration dismissed
Petition for Reconsideration filed and granted for study on June 1, 2021; later vacated and dismissed due to settlement and prior Order Approving Compromise & Release issued on May 21, 2021
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 petition for reconsideration was dismissed because the parties settled and an Order Approving Compromise & Release was issued before the petition was granted, and the District Office is precluded from acting on a case pending reconsideration.
From the decision · page 1It has come to the attention of the Appeals Board that the parties entered into a settlement, and an Order Approving Compromise & Release was issued by a WCJ on May 21, 2021, before the Grant for Study issued. The parties are reminded that the District Office is precluded from acting on a case while it is pending on reconsideration. (Cal. Code Regs., tit. 8, § 10961.)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The parties entered into a settlement and an Order Approving Compromise & Release was issued by a WCJ on May 21, 2021 before the Grant for Study issued on June 1, 2021.
Favours Defendant prevailed
This settlement and prior order precluded the District Office from acting on the case while it was pending reconsideration, leading to dismissal of the petition.
From the decision · page 1It has come to the attention of the Appeals Board that the parties entered into a settlement, and an Order Approving Compromise & Release was issued by a WCJ on May 21, 2021, before the Grant for Study issued. The parties are reminded that the District Office is precluded from acting on a case while it is pending on reconsideration. (Cal. Code Regs., tit. 8, § 10961.)
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10961
The District Office is precluded from acting on a case while it is pending on reconsideration.
Applied to dismiss the petition for reconsideration due to settlement and prior Order Approving Compromise & Release.
From the decision · page 1It has come to the attention of the Appeals Board that the parties entered into a settlement, and an Order Approving Compromise & Release was issued by a WCJ on May 21, 2021, before the Grant for Study issued. The parties are reminded that the District Office is precluded from acting on a case while it is pending on reconsideration. (Cal. Code Regs., tit. 8, § 10961.)
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About this page
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