What the panel ordered
April 4, 2019 Findings and Order is rescinded; matter returned to trial level for further proceedings consistent with WCAB opinion after reconsideration.
Petition for Reconsideration filed by applicant after April 4, 2019 Findings and Order denying entitlement to SJDB voucher; WCJ Report recommended denial of Petition; WCAB granted reconsideration and issued decision rescinding April 4, 2019 Findings and Order and returning matter to trial level 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 WCAB found it unclear whether the SJDB voucher was in dispute or subject to settlement at the time of the Compromise and Release, and that applicant was not aware he was settling the voucher, warranting further proceedings.
From the decision · page 5The April 4, 2019 Findings and Order does not take into account these facts. It simply points to the Compromise and Release to show that the parties settled the voucher. However, given the facts above, it is unclear whether the voucher in question was in dispute at the time of the Compromise and Release and therefore subject to settlement. It is also troubling that applicant was not present at trial and claims he did not understand he was settling his entitlement to the voucher. For these reasons, we rescind the April 4, 2019 Findings and Order and return the matter to the trial level for further proceedings consistent with this opinion.