WCPanelIQ
PanelRemanded

Juanita Ramirez — ADJ13208658

JUANITA RAMIREZ, Applicant vs. SAINT LUCIA MEDICAL GROUP, INC.; PREFERRED EMPLOYERS INSURANCE COMPANY, Defendants

ADJ number
ADJ13208658
Decision date
Jul 17, 2022
District office
Salinas
WCJ
—
Claim administrator
Preferred Employers Insurance Company
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
CCR §10961

Summary

While defendant's petitions challenging two September 30, 2020 orders (an Order to Provide an SJDB Voucher and Penalties, and an Order to Pay PDAS and Penalties) were pending on reconsideration, the parties reached a proposed settlement. Because the District Office is precluded from acting on a case pending reconsideration under Cal. Code Regs., tit. 8, § 10961, the Appeals Board rescinded both September 30, 2020 orders and returned the matter to the trial level so the WCJ could review the proposed settlement. The Board noted that defendant's petitions were filed as Petitions for Removal but were treated as Petitions for Reconsideration because they addressed final orders. If the WCJ does not approve the settlement, the WCJ may reinstate the original decisions and any aggrieved party may timely seek reconsideration. The Board emphasized this was not a final decision on the merits of any pending issue.

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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