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PanelDismissed

Ramiro Melendrez — ADJ10643721, ADJ10643718

RAMIRO MELENDREZ, Applicant vs. ANEMOSTAT, INC.; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number: ADJ10643721, ADJ10643718
Decision date: Feb 17, 2022
District office: Los Angeles
WCJ: —
Claim administrator: Liberty Mutual Insurance Company
Commissioners: DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: ankle, head, nervous system, neck, back

CCR §10700CCR §10803CCR §10961

Summary

Applicant Ramiro Melendrez sought reconsideration of a December 10, 2021 Order Approving Compromise and Release (OACR), arguing it failed to address review of the Hartman formula addendum and the proposed MSA and social security addendum. The WCJ had approved the $343,707.07 settlement without holding a hearing and without checking the box confirming review of the proposed MSA for adequacy of Medicare's interests. The WCJ filed a Report recommending the OACR be vacated and the matter remanded. The Board found that because no hearing was held and no MOH/SOE existed, there was no complete record for review and the parties had not been afforded due process. The Board dismissed the Petition as premature 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.

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.