What the panel ordered
Petition for reconsideration dismissed; matter returned to WCJ to treat as petition to set aside OACR and set hearing on prior attorney's lien.
Lien claimant, applicant's prior attorney, petitioned for reconsideration of the Order Approving Compromise & Release (OACR) dated June 3, 2025. The WCAB reviewed the petition, answer, and WCJ report, and determined the petition should be dismissed as one for reconsideration and treated as a petition to set aside the 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 for reconsideration was premature and should be treated as a petition to set aside the OACR; the WCAB acted within the 60-day period and provided proper notice of transmission.
From the decision · page 6Accordingly, we will dismiss the Petition as premature and return this matter to the trial level. Upon return of this matter to the trial level, we recommend that the WCJ treat the Petition as a petition to set aside and set a hearing so lien claimant can provide evidence in support of the arguments contained in the Petition and create a record upon which a decision can be made by the WCJ.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The C&R was presented through a walkthrough procedure, no hearing was held, and the prior attorney (lien claimant) was not heard regarding the division of attorney's fees.
Favours neutral
This procedural deficiency meant the record was incomplete and the petition for reconsideration was premature, requiring the matter to be returned for hearing and record development.
From the decision · page 6As the C&R was presented to the WCJ through a walkthrough procedure and no hearing was held, the WCJ did not provide an explanation as to the appropriate division of the fees and did not have the opportunity to hear from lien claimant or consider any evidence. In order for the Appeals Board to conduct review, there must be a complete record.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
A petition for reconsideration is deemed denied unless acted upon within 60 days from the date a trial judge transmits a case to the appeals board; service of the accompanying report constitutes notice.
The WCAB determined it timely acted on the petition within the 60-day period from transmission and that proper notice was given by service of the WCJ's report.
From the decision · page 3Under Labor Code section 5909(a), the Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board. Transmission is reflected in Events in the Electronic Adjudication Management System (EAMS). Specifically, in Case Events, under Event Description is the phrase "Sent to Recon" and under Additional Information is the phrase "The case is sent to the Recon board."
What proof carried it
The evidence the panel weighed, by kind.
No hearing was held and no evidence was taken from the prior attorney (lien claimant) regarding the division of attorney's fees.
From the decision · page 6As the C&R was presented to the WCJ through a walkthrough procedure and no hearing was held, the WCJ did not provide an explanation as to the appropriate division of the fees and did not have the opportunity to hear from lien claimant or consider any evidence. In order for the Appeals Board to conduct review, there must be a complete record.
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About this page
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