WCPanelIQ
PanelRemanded

Martin Jacobo — ADJ12728611

MARTIN JACOBO, Applicant vs. COKE FARM; SECURITY NATIONAL INSURANCE COMPANY, Defendants

ADJ number
ADJ12728611
Decision date
Apr 14, 2022
District office
Salinas
WCJ
—
Claim administrator
Security National Insurance Company
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER
CCR §10961

Summary

While Martin Jacobo's case was pending on reconsideration from the WCJ's decision of April 15, 2021, the parties reached a proposed settlement. Because the District Office is precluded from acting on a case while it is pending on reconsideration under Cal. Code Regs., tit. 8, § 10961, the Appeals Board rescinded the underlying WCJ decision to allow the WCJ to review the proposed settlement. The Board returned the matter to the trial level for the WCJ to consider the settlement. If the WCJ does not approve the settlement, the WCJ may reinstate the original decision, after which any aggrieved party may again 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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