What the panel ordered
Petition for reconsideration dismissed; matter returned to WCJ to treat as petition to set aside OACR and set hearing on prior attorney's lien.
Lien claimant, applicant's prior attorney, petitioned for reconsideration of the Order Approving Compromise & Release (OACR) dated June 3, 2025. The WCAB reviewed the petition, answer, and WCJ report, and determined the petition should be dismissed as one for reconsideration and treated 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 petition for reconsideration was premature and should be treated as a petition to set aside the OACR; the WCAB acted within the 60-day period and provided proper notice of transmission.
From the decision · page 6Accordingly, we will dismiss the Petition as premature and return this matter to the trial level. Upon return of this matter to the trial level, we recommend that the WCJ treat the Petition as a petition to set aside and set a hearing so lien claimant can provide evidence in support of the arguments contained in the Petition and create a record upon which a decision can be made by the WCJ.