WCPanelIQ
PanelRemanded

Hayes, Vincent, Jr.

VINCENT HAYES JR., Applicant vs. EAGLE RIDER and BERKSHIRE HATHAWAY HOMESTATE INSURANCE COMPANIES, Defendants

ADJ number
ADJ10644022
Decision date
Date unavailable
District office
San Jose
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Insurance Companies
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
CCR §10961

Summary

While the WCJ's December 8, 2020 decision was pending on reconsideration before the Appeals Board, the parties reached a proposed settlement. Because the District Office is precluded from acting on a case while it is pending on reconsideration under Cal. Code Regs., tit. 8, § 10961, the Board rescinded the underlying decision to permit the WCJ to review the proposed settlement at the trial level. The Board emphasized this was not a final decision on the merits of any issues pending on reconsideration. If the WCJ does not approve the settlement, the WCJ may reinstate the original decision, and any aggrieved party may then seek reconsideration. The matter was returned to the trial level for further proceedings.

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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