What the panel ordered
Petition for Reconsideration is dismissed as premature and the matter is returned to the trial level for consideration of the Petition as one to set aside the OACR.
Applicant filed a Petition for Reconsideration of the Amended Order Approving Compromise and Release issued by the WCJ on July 16, 2024, which was reviewed by the WCAB panel.
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 was dismissed as premature because there was no evidence admitted into the record regarding applicant's allegations and due process requires an opportunity to be heard and present evidence.
From the decision · page 5Based on the Petition, it is unclear whether applicant is seeking to set aside the OACR. However, there is currently no evidence admitted into the record regarding applicant's allegations, and due process dictates that the applicant be afforded the opportunity to be heard and present evidence. We will dismiss the petition as premature. 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 his arguments and create a record upon which a decision can be made by the WCJ. After the WCJ issues a decision, any aggrieved person may then timely seek reconsideration of that decision.