WCPanelIQ
PanelRemanded

Ly, Seeyengkee

SEEYENGKEE LY, Applicant vs. STATE OF CALIFORNIA; Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency, Defendants

ADJ number
ADJ13511748
Decision date
Feb 4, 2024
District office
Fresno
WCJ
—
Claim administrator
State Compensation Insurance Fund / State Contract Services (adjusting agency for State of California, Legally Uninsured)
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
CCR §10961

Summary

While applicant Seeyengkee Ly's case was pending on reconsideration from a WCJ decision dated October 12, 2022, the parties reached a proposed settlement. Because the District Office is precluded from acting on a case pending on reconsideration under Cal. Code Regs., tit. 8, § 10961, the Appeals Board rescinded the underlying decision and returned the matter to the trial level so the WCJ could review and consider the proposed settlement. The Board emphasized that this is not a final decision on the merits of any issues pending on reconsideration. If the WCJ does not approve the settlement, the WCJ may issue an order reinstating the original decision, and any aggrieved party may then timely seek reconsideration from the reinstated decision.

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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