What the panel ordered
Petition for Reconsideration dismissed as premature; matter returned to trial level for further proceedings on setting aside the Order Approving Compromise and Release issued March 15, 2022.
Petition for Reconsideration filed by applicant acting in pro per, seeking reconsideration of a decision dated March 18, 2022, which was not found in the record; the case was resolved by a Compromise and Release Agreement on March 15, 2022; the Petition was dismissed as premature and the matter returned to the trial level for consideration as a petition to set aside the Order Approving Compromise and Release.
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 decision dated March 18, 2022, was found in the record, and the case was resolved by a Compromise and Release Agreement on March 15, 2022, which the Petition essentially sought to set aside without a proper hearing record.
From the decision · page 1On April 25, 2022, applicant, acting in pro per, filed a Petition for Reconsideration (Petition) of a decision dated "March 18, 2022." We received an answer from defendant. The workers' compensation administrative law judge (WCJ) prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be dismissed, where: (1) the record did not contain a decision issued on this date, thereby rendering the Petition questionably untimely; (2) the case was resolved on March 15, 2022 through a Compromise and Release Agreement; and (3) the Petition failed to set forth specifically and in full detail the grounds for reconsideration as required by Labor Code sections 5902 and 5903.