What the panel ordered
Petition for Reconsideration dismissed as premature; matter returned to WCJ for further proceedings treating Petition as one to set aside Award
Petition for Reconsideration filed by Defendant seeking rescission of Award based on alleged erroneous commutation calculations; WCJ issued Award approving stipulated settlement; WCJ issued Report and Recommendation on Petition for Reconsideration recommending denial or treatment as Petition to set aside Award; WCAB dismisses Petition as premature and returns matter to WCJ for further proceedings
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 for Reconsideration was dismissed as premature because the WCJ had not yet considered the Petition as a Petition to set aside the Award, and the WCAB returned the matter to the WCJ for further proceedings to develop the record and issue a decision on the Petition to set aside.
From the decision · page 1Defendant seeks reconsideration of an Award, issued by the workers' compensation administrative law judge (WCJ) on May 30, 2023 wherein the WCJ approved a stipulated settlement agreement. Defendant contends that the Award should be rescinded because it is based on commutation calculations that were incorrect and both parties relied on the erroneous calculations. We have not received an answer from applicant.