WCPanelIQ
PanelRemanded

Flores Fonseca, Roberto

ROBERTO FLORES FONSECA, Applicant vs. BRIO LANDSCAPING; SECURITY NATIONAL INSURANCE COMPANY, administered by AMTRUST NORTH AMERICA, Defendants

ADJ number
ADJ14027368
Decision date
Jan 30, 2024
District office
Sacramento
WCJ
—
Claim administrator
AmTrust North America (administering Security National Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, PATRICIA A. GARCIA, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
CCR §10961

Summary

While Roberto Flores Fonseca's case was pending on reconsideration from a WCJ decision dated September 28, 2021, the parties reached a proposed settlement. Because the District Office is precluded from acting on a case while it is pending on reconsideration under Title 8 CCR section 10961, the Appeals Board rescinded the WCJ's decision to allow the WCJ to review the proposed settlement at the trial level. The Board emphasized 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 issue an order reinstating the original decision, and any aggrieved party may then timely 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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