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PanelRemanded

Catarino Martin — ADJ1441841, ADJ4486822, ADJ2562913, ADJ3620272

CATARINO MARTIN, Applicant vs. J&L RV REPAIR; EMPLOYERS COMPENSATION INSURANCE COMPANY; OAK RIVER INSURANCE COMPANY c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ1441841, ADJ4486822, ADJ2562913, ADJ3620272
Decision date: Sep 13, 2022
District office: Pomona
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies (c/o Oak River Insurance Company); Employers Compensation Insurance Company
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

CCR §10961

Summary

Two defendants, Employers Compensation Insurance Company and Oak River Insurance Company, each petitioned for reconsideration of a Joint Findings and Award issued by the WCJ on May 31, 2022. The Board granted reconsideration to study the issues. While the matter was pending, the parties filed an executed Compromise and Release on September 6, 2022, leaving open applicant's right to further medical treatment. Because WCJs are precluded under Cal. Code Regs., tit. 8, section 10961 from acting on a case pending reconsideration, the Board rescinded the Joint Findings and Award and remanded the matter to the WCJ to consider the Compromise and Release. The decision was expressly not a ruling on the merits of the petitions 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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.