WCPanelIQ
PanelRemanded

German Ortiz — ADJ11382544

GERMAN ORTIZ, Applicant vs. RMT CONTRACTING; TAYYEBA FARMS; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ11382544
Decision date
Feb 9, 2022
District office
Bakersfield
WCJ
—
Claim administrator
Insurance Company of the West
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER
CCR §10961

Summary

While German Ortiz's case was pending on reconsideration before the WCAB, 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 Code Regs., tit. 8, § 10961, the Appeals Board rescinded the WCJ's April 15, 2020 decision to allow the WCJ to review the proposed settlement at the trial level. The Board expressly noted this was not a final decision on the merits of any pending issues. If the WCJ does not approve the settlement, the WCJ may reinstate the original decision, and any aggrieved party may then timely seek 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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