What the panel ordered
Petition for Reconsideration dismissed as premature; matter returned to WCJ for further proceedings treating the petition as a Petition to Set Aside the OACR.
Applicant filed a Petition for Reconsideration of the February 9, 2022 Order Approving Compromise and Release (OACR). The WCJ issued a Report and Recommendation to dismiss or deny reconsideration and treat the petition as a Petition to Set Aside the OACR. The WCAB dismissed the Petition for Reconsideration as premature and returned the matter to the WCJ for further proceedings treating the petition 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 WCAB found the Petition for Reconsideration premature because the matter should be returned to the WCJ for further proceedings treating the petition as a Petition to Set Aside the OACR, allowing applicant to present evidence and create a record.
From the decision · page 5Accordingly, we dismiss applicant's Petition for Reconsideration as premature, and return this matter to the WCJ for further proceedings consistent with this opinion. Upon return of this matter to the trial level, we recommend that the WCJ treat applicant's Petition as a petition to set aside and set a hearing. Then, applicant can provide evidence in support of his arguments contained in the Petition and create a record upon which a decision can be made by the WCJ.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant alleged the C&R was procured by fraudulent and incomplete medical information and that the settlement may not cover all medical bills.
Favours Applicant prevailed
This allegation formed the basis for returning the matter to the WCJ for further proceedings to allow applicant to present evidence and create a record.
From the decision · page 1It appears from applicant's 12-page Petition that he contends that the OACR should be set aside because the Compromise and Release (C&R) was procured by fraudulent and incomplete medical information.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, 5803
The appeals board has continuing jurisdiction over all its orders, decisions, and awards and may rescind, alter, or amend any order, decision, or award for good cause after notice and hearing.
The WCAB applied this to dismiss the Petition for Reconsideration as premature and return the matter to the WCJ for further proceedings.
From the decision · page 3"The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of [Division 4]... At any time, upon notice and after the opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor." 3 (Lab. Code, § 5803.)
Cal. Code Regs., tit. 8, 10700(b)
The Workers' Compensation Appeals Board shall inquire into the adequacy of all Compromise and Release agreements and may set the matter for hearing to take evidence when necessary.
The WCAB applied this to require a hearing and complete record for the Petition to Set Aside the OACR.
From the decision · page 4"The Workers' Compensation Appeals Board shall inquire into the adequacy of all Compromise and Release agreements and Stipulations with Request for Award and may set the matter for a hearing to take evidence when necessary to determine whether the agreement should be approved or disproved, or issue findings and awards." (Cal. Code Regs.,tit. 8, § 10700(b).)
What proof carried it
The evidence the panel weighed, by kind.
Applicant alleged the C&R was procured by fraudulent and incomplete medical information, and that the settlement may not cover all medical bills.
From the decision · page 1It appears from applicant's 12-page Petition that he contends that the OACR should be set aside because the Compromise and Release (C&R) was procured by fraudulent and incomplete medical information.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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