What the panel ordered
Petition for reconsideration dismissed as premature; matter returned to trial level for further proceedings consistent with opinion.
Petition for reconsideration filed by applicant seeking to set aside Order Approving Compromise and Release (OACR) approved by WCJ on April 10, 2025; petition dismissed as premature and matter returned to trial level for further proceedings.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The record was insufficient to evaluate whether good cause exists to set aside the OACR.
Favours Defendant prevailed
Without a proper record, the Appeals Board could not decide on the merits of the petition to set aside the OACR.
From the decision · page 5In this case, although the WCJ provided a reasonable rationale in the Report as to why there is no basis to set aside the OACR, in the absence of a record, we are unable to evaluate whether good cause exists to set aside the OACR. Accordingly, we dismiss the Petition for Reconsideration as premature and return the matter to the WCJ for further proceedings consistent with this opinion. Upon return of this matter to the trial level, the WCJ may treat the Petition as a petition to set aside the OACR, conduct further proceedings, and create a record on which a decision can be made as to whether there are grounds for setting aside the OACR. After the WCJ issues a decision, any aggrieved party may timely seek reconsideration.