What the panel ordered
WCJ's decision of October 25, 2022, is rescinded and the matter is returned to the trial level for further proceedings and decision by the WCJ.
Matter was pending on reconsideration; parties reached a proposed settlement. The Appeals Board rescinded the WCJ's decision and returned the matter to the trial level for consideration of the settlement.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 District Office is precluded from acting on a case while it is pending on reconsideration; to permit review of the proposed settlement, the WCJ's decision is rescinded and the matter is returned to the trial level.
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.