WCPanelIQ
PanelGranted

Miller, David

DAVID GRADILLA, Applicant vs. DMS CONTRACTORS, INC. and FALLS LAKE FIRE AND CASUALTY COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number
ADJ13528593
Decision date
Aug 27, 2023
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc.
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
CCR §10961

Summary

While the matter was pending on reconsideration, the parties reached a proposed settlement. Because the District Office cannot act on a case while it is pending on reconsideration under California Code of Regulations, title 8, section 10961, the Appeals Board granted reconsideration to permit the WCJ to review the proposed settlement. The Board rescinded the WCJ's Findings of Fact issued June 7, 2023, and returned the matter to the trial level. If the WCJ does not approve the settlement, the WCJ may reinstate the original decision, after which any aggrieved party may seek reconsideration. This was explicitly not a final decision on the merits of any pending issues.

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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