WCPanelIQ
PanelRemanded

John Valdez (Dec) — ADJ11089233

JOHN VALDEZ (Deceased), Applicant vs. ABDUNABI BASYOUNI DBA NEBO TRANSPORTATION; Illegally Insured; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants

ADJ number
ADJ11089233
Decision date
Feb 21, 2022
District office
Riverside
WCJ
—
Claim administrator
Uninsured Employers Benefits Trust Fund (UEBTF)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
CCR §10961

Summary

This is a death claim (John Valdez, deceased) against Abdunabi Basyouni dba Nebo Transportation, an illegally insured employer, with the Uninsured Employers Benefits Trust Fund (UEBTF) as a defendant. While the matter was pending on reconsideration of the WCJ's August 24, 2021 decision, 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 Code Regs., tit. 8, § 10961, the Appeals Board rescinded the WCJ's decision and returned the matter to the trial level so the WCJ could consider the proposed settlement. The Board clarified that if the WCJ does not approve the settlement, the WCJ may reinstate the original decision, and any aggrieved party may then timely seek reconsideration. This was expressly not a final decision on the merits of any issue pending on 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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