Penner, Jacob

Jacob Penner died in an auto accident on December 22, 2022, while driving his personal vehicle to work for Marquee Fire Protection, raising going-and-coming rule and intoxication issues. His live-in girlfriend Nancy Arreguin, individually and as guardian ad litem/trustee for their minor child Asher Penner, executed an unrepresented Compromise and Release for $350,000, which the WCJ initially suspended due to concerns about adequacy, dependency benefits under section 4703.5, and the lack of evidence on intoxication and exceptions to the going-and-coming rule. The WCJ then approved the C&R on October 9, 2023, without holding a hearing, the same day Arreguin's newly retained counsel filed a notice of representation. Arreguin sought reconsideration, alleging due process violations and that the order was unsupported by the record. The Appeals Board dismissed the Petition for Reconsideration as premature, finding the WCJ should consider the request to set aside the C&R in the first instance. The matter was returned to the WCJ to treat the petition as a petition to set aside and to hold a hearing creating a complete record.