What the panel ordered
Petition for Reconsideration dismissed as premature; matter returned to trial level for hearing on setting aside Amended OACR
Petition for Reconsideration filed by applicant seeking to rescind Amended Order Approving Compromise and Release; dismissed as premature and remanded for hearing on good cause to set aside Amended OACR
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 no hearing was held to admit evidence or assess applicant's contentions, thus due process was not satisfied and the record was incomplete.
From the decision · page 5As the moving party, applicant has the burden of proof to show, by a preponderance of the evidence, that he should be relieved from the C&R entered into with defendant. (See Lab. Code, § 5705 [the burden of proof rests upon the party with the affirmative of the issue]; see also Lab. Code, § 3202.5 ["All parties and lien claimants shall meet the evidentiary burden of proof on all issues by a preponderance of the evidence"].) However, because no hearing was held, the WCJ did not have the opportunity to assess applicant's arguments or evidence. In the absence of evidence, we are unable to evaluate applicant's contentions and the Petition is premature.