What the panel ordered
Decision of January 4, 2019 rescinded; matter returned to trial level for further proceedings and decision by WCJ
Matter pending on reconsideration; decision rescinded and remanded to WCJ for review of proposed settlement
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Parties reached a proposed settlement while matter was pending on reconsideration
Favours neutral
Settlement required remand to WCJ for review due to regulatory constraints
From the decision · page 1It has come to the attention of the Appeals Board that, while this matter has been pending on reconsideration, the parties have reached a proposed settlement.
District Office is precluded from acting while matter is pending on reconsideration
Favours neutral
Required rescission of decision and remand to WCJ for settlement review
From the decision · page 1Since the District Office is precluded from acting on a case while it is pending on reconsideration (Cal. Code Regs., tit. 8, § 10961), in order to permit review by the workers' compensation administrative law judge (WCJ) of the proposed settlement, we will rescind the decision from which reconsideration is sought and return this matter to the trial level for the WCJ to consider the proposed settlement. If the WCJ does not approve the settlement, the WCJ may issue an order reinstating the original decision and any aggrieved person may timely seek reconsideration from the reinstated decision. This is not a final decision on the merits of any of the issues pending on reconsideration.