Rodriguez Ruelas, Audomero

Applicant Audomero Rodriguez-Ruelas sought reconsideration of an October 14, 2008 handwritten Stipulation and Award/Order in which the WCJ dismissed his claim with prejudice based on a post-termination defense under Labor Code section 3600(a)(10). The stipulation was the first document filed in the case, contained no application for adjudication, no date of injury, no carrier, no body parts, and no supporting medical evidence, and no hearing was held to assess applicant's understanding. Applicant claimed he had no recollection of being advised of the dismissal and wished to reopen his case. The Board found the WCJ abdicated the duty to inquire into the adequacy of the settlement and protect the worker under CCR 10700 and Camacho. Treating the petition as one to set aside the stipulation rather than reconsideration, the Board dismissed the petition as premature and returned the matter to the trial level for a hearing to create an adequate record.