What the panel ordered
Petition for Reconsideration dismissed as premature; matter returned to trial level for further proceedings to consider Petition as one to set aside the OACR.
Defendant filed a Petition for Reconsideration of the Order Approving Compromise and Release (OACR) issued by the WCJ on September 17, 2025, seeking rescission of the OACR to submit a new compromise and release including credit for permanent disability advances (PDAs). The WCJ issued a Report and Recommendation to deny the Petition and treat it as a Petition to Set Aside the OACR, returning the matter to the trial level for further proceedings.
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 Appeals Board dismissed the Petition for Reconsideration as premature because there was an insufficient record to determine if the OACR should be vacated and the matter should be treated as a Petition to Set Aside the OACR, requiring further proceedings at the trial level.
From the decision · page 4In the Report, the WCJ explains as follows: There is an insufficient record to determine if the Order Approving the Compromise and Release should be vacated and if the Compromise and Release should be set aside. It appears as though the proper action would be to deny the Petition and remand the issue to be considered a Petition to Set Aside the settlement.