Avila Garin, Mateo

Defendant William M. Perkins Company, Inc., insured by Berkshire Hathaway, sought reconsideration of an Order Approving Compromise and Release (OACR) issued April 5, 2024, on the grounds of newly discovered evidence of an EDD lien for benefits paid concurrently with defendant's temporary disability payments. Before the WCJ could hold a hearing on defendant's separately-filed Petition to Set Aside the C&R, defendant filed a Petition for Reconsideration. The Board found that because a hearing on the petition to set aside had not yet occurred (it was scheduled for June 5, 2024) and there was no substantive decision to review, the Petition for Reconsideration was premature. The Board dismissed the petition and returned the matter to the trial level, recommending the WCJ treat the petition as a petition to set aside the OACR, hold a hearing, and develop a record. After a decision issues, either party may then timely seek reconsideration.