What the panel ordered
May 26, 2023 Findings of Fact and Award rescinded; matter remanded to WCJ to consider Compromise and Release settlement and conduct further proceedings as appropriate.
Petition for reconsideration filed by defendant State Compensation Insurance Fund from WCJ decision dated May 26, 2023, granting further medical treatment to applicant; WCAB granted reconsideration and issued decision after reconsideration on November 28, 2023.
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The WCAB rescinded the prior Findings of Fact and Award and remanded the matter to the WCJ to consider the Compromise and Release settlement reached by the parties, without ruling on the merits of the petition for reconsideration.
From the decision · page 1Defendant State Compensation Insurance Fund petitioned for reconsideration of the Findings of Fact and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on May 26, 2023. In that decision, the WCJ found that applicant sustained injury to his head, nose and right shoulder, and was entitled to, and awarded, further medical treatment in the form of continued treatment with the Occupational Transitional Living Center Day Program with [a] Spanish interpreter in accordance with Patterson v. The Oaks Farm (2014) 79 Cal.Comp.Cases 910 (Appeals Board significant panel decision).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Parties reached a settlement by Compromise and Release on November 14, 2023
Favours neutral
This settlement prompted the WCAB to rescind the prior Findings of Fact and Award and remand the matter to the WCJ to consider the settlement
From the decision · page 2Subsequently, the parties participated in a commissioners' settlement conference at our request. On November 14, 2023, the parties advised the settlement mediator that they had reached a settlement of the matter by way of Compromise and Release.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Patterson v. The Oaks Farm (2014) 79 Cal.Comp.Cases 910
Patterson v. The Oaks Farm (2014) 79 Cal.Comp.Cases 910
Referenced in the WCJ's award for further medical treatment
From the decision · page 1Defendant State Compensation Insurance Fund petitioned for reconsideration of the Findings of Fact and Award issued by the workers' compensation administrative law judge (WCJ) in this matter on May 26, 2023. In that decision, the WCJ found that applicant sustained injury to his head, nose and right shoulder, and was entitled to, and awarded, further medical treatment in the form of continued treatment with the Occupational Transitional Living Center Day Program with [a] Spanish interpreter in accordance with Patterson v. The Oaks Farm (2014) 79 Cal.Comp.Cases 910 (Appeals Board significant panel decision).
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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.
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