What the panel ordered
Defendant's Petition for Reconsideration of the July 22, 2021 Award is dismissed as premature and the matter is returned to the WCJ for further proceedings.
Defendant sought reconsideration of the Award issued by the WCJ on July 22, 2021, contending the settlement did not reflect the agreement and requested the Award be set aside. The WCJ issued a Report recommending denial of reconsideration. The Board dismissed the Petition for Reconsideration as premature and returned the matter to the WCJ for further proceedings treating the Petition as one to set aside the Award.
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 Board found the Petition for Reconsideration premature because the defendant's claim of a unilateral mistake was not supported by evidence and recommended the matter be returned to the WCJ for a hearing to create a record.
From the decision · page 1Defendant seeks reconsideration of the Award issued by the workers' compensation administrative law judge (WCJ) on July 22, 2021. Defendant contends that the settlement signed by the parties and approved by the WCJ did not accurately reflect the settlement agreement between applicant and defendant, and that the WCJ should set aside the Award.