WCPanelIQ
PanelRemanded

Garduno, Antonia

ANTONIA GARDUNO, Applicant vs. WALMART, INC.; ACE AMERICAN ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number
ADJ7264817
Decision date
Nov 12, 2023
District office
Santa Barbara
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc. (administering for ACE American)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
CCR §10961

Summary

While Antonia Garduno's case against Walmart, Inc. was pending on reconsideration before the WCAB, the parties reached a proposed settlement. Because the District Office is precluded from acting on a case pending reconsideration under Cal. Code Regs., tit. 8, § 10961, the Board rescinded the WCJ's November 22, 2021 decision to permit the WCJ to review the proposed settlement. The matter was returned to the trial level for further proceedings. The Board emphasized that this was not a final decision on the merits of any pending issues, and that if the WCJ does not approve the settlement, the original decision may be reinstated, after which any aggrieved party may 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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