Carlos Alvarez — ADJ13736015

Applicant Carlos Alvarez, acting in pro per, sought reconsideration of an Order Approving Compromise and Release (OACR) issued June 24, 2021, settling his work-related hernia claim. He alleged that his prior attorney pressured him into signing the C&R, that he did not agree to its terms, and that body parts (notably 'trunk') were added without prior discussion, raising the question of whether there was a meeting of the minds. The Board found the evidentiary record insufficient because no hearing was held to assess applicant's understanding of the settlement or its adequacy. Because applicant retained the right to a hearing on his contentions, the Board dismissed the petition for reconsideration as premature and returned the matter to the trial level to treat the petition as one to set aside the OACR. The Board first invoked Shipley to find its time to act was tolled despite the 60-day deadline of Labor Code section 5909.