WCPanelIQ
PanelRemanded

De Cortez, Sara Herrera Aguilar

SARA HERRERA AGUILAR DE CORTEZ, Applicant vs. PAYCHEX BUSINESS SOLUTIONS d/b/a CALISTOGA HOTEL GROUP; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendants

ADJ number
ADJ10586673
Decision date
Jan 2, 2025
District office
San Francisco
WCJ
—
Claim administrator
Insurance Company of the State of Pennsylvania
Commissioners
CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
CCR §10961

Summary

While Sara Herrera Aguilar De Cortez's case was pending on reconsideration before the WCAB, the parties reached a proposed settlement. Because the District Office is precluded from acting on a case while reconsideration is pending under Cal. Code Regs., tit. 8, § 10961, the Board rescinded the WCJ's August 3, 2022 decision and returned the matter to the trial level so the WCJ could review and consider the proposed settlement. The Board clarified that this was not a final decision on the merits of any issues pending on reconsideration. If the WCJ does not approve the settlement, the WCJ may reinstate the original decision, after which any aggrieved party may again seek reconsideration.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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