Estpuinian, Luis

Defendant sought reconsideration of a Joint Order Approving Compromise and Release (OACR) issued October 16, 2025, arguing the OACR was procured by mutual mistake of fact because the applicant had filed a duplicative specific-injury claim through a different attorney at the Santa Ana venue (ADJ21230094), unknown to defendant at the time of settlement. The WCJ recommended dismissal, finding the petition premature and noting no record existed to evaluate the mutual mistake claim. The Appeals Board agreed, holding that defendant should have filed a petition to set aside the OACR and that without a developed record it could not assess whether good cause existed to rescind the settlement. The Board dismissed the Petition for Reconsideration as premature and returned the matter to the trial level, instructing the WCJ to treat the petition as one to set aside the OACR and develop a record. The Board also reminded the WCJ of options under WCAB Rule 10961 to rescind the order and initiate proceedings to reduce delay.