WCPanelIQ
PanelDismissed

Luis Cardenas — ADJ11237884, ADJ11237778, ADJ11126285

LUIS CARDENAS, Applicant vs. SELECT STAFFING/MOULTON; XL INSURANCE AMERICAN GROUP, administered by BROADSPIRE, Defendants

ADJ number
ADJ11237884, ADJ11237778, ADJ11126285
Decision date
Dec 20, 2022
District office
Van Nuys
WCJ
—
Claim administrator
Broadspire (administering for XL Insurance American Group)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
CCR §10961

Summary

The Appeals Board had granted reconsideration for study on June 1, 2021 to examine factual and legal issues arising from a WCJ decision issued March 24, 2021. The Board subsequently learned that the parties had entered into a settlement and a WCJ issued an Order Approving Compromise & Release on May 21, 2021—before the Grant for Study issued. Because a District Office is precluded from acting on a case while it is pending on reconsideration under CCR section 10961, the Board addressed the procedural irregularity. The Board vacated its Grant for Study and dismissed the Petition for 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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