Emerson Ray, Scott

Applicant Scott Emerson Ray petitioned for reconsideration of a July 9, 2021 Findings and Order in which the WCJ denied his appeal of a July 13, 2020 IMR determination that denied authorization for extended Nucynta. Applicant argued that the Patterson rationale applied, while defendant relied on McCool as controlling. The Appeals Board granted reconsideration to study the issues. Subsequently, at the Board's request, the parties participated in a commissioners' settlement conference and agreed to resolve the matter by Stipulations with Request for Award. Because the District Office is precluded from acting on a case pending reconsideration under CCR section 10961, the Board rescinded the July 9, 2021 Findings and Order and returned the matter to the WCJ to consider the proposed settlement, expressly declining to rule on the merits.