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PanelDismissed

Francisco Villegas — ADJ15927101

FRANCISCO VILLEGAS, Applicant vs. RESTAURANT EQUIPMENT FABRICATION; ICW GROUP INSURANCE COMPANIES - SAN DIEGO, Defendants

ADJ number: ADJ15927101
Decision date: Sep 25, 2022
District office: San Bernardino
WCJ: —
Claim administrator: ICW Group Insurance Companies (Insurance Company of the West)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: arm, wrist, back, knee, lower extremity, upper extremity, hand, fingers, shoulder

LC §5803LC §5502LC §5313CCR §10700CCR §10761

Summary

Defendant sought reconsideration of the WCJ's July 21, 2022 Order Approving Compromise and Release, arguing it should be set aside due to defendant's unilateral mistake; in the alternative, defendant requested the petition be treated as a petition to set aside the C&R and asked for a hearing. The C&R settled injuries to multiple body parts arising from applicant's employment as a shipper/receiver. The Board found the Petition for Reconsideration premature because no record had yet been developed and no decision on the merits of setting aside the C&R had been issued. The Board dismissed the petition and returned the matter to the trial level, recommending the WCJ treat the petition as one to set aside the OACR and set a hearing so defendant could present evidence. After the WCJ issues a decision, any aggrieved party may then timely 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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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.