Reyes, Guadalupe

Applicant Guadalupe Reyes filed two related claims: a specific injury claim (ADJ12359768, DOI 6/17/2019) and a cumulative trauma claim (ADJ12359666, CT period 7/30/2018–6/18/2019). The parties executed Stipulations with Request for Award settling the specific injury for 15% PD, and the settlement language purported to dismiss the CT claim (ADJ12359666) with prejudice. Applicant's attorney contended he never intended to dismiss the CT claim, asserting his office confused the two ADJ numbers, and filed a DOR seeking to set aside the dismissal. The Board found the settlement document ambiguous regarding what was being dismissed and noted multiple service irregularities. The Board treated applicant's petition as one for reconsideration, vacated its prior order granting reconsideration, dismissed the Petition for Removal as premature, and returned the matter to the trial level for the WCJ to consider the September 27, 2021 DOR as a petition to set aside the dismissal and to develop a record.