Lee Ann Morretino — ADJ14907929

Applicant, a grocery clerk, claimed a finger injury and the parties executed a Compromise and Release for $50,000, which the WCJ approved on July 16, 2021. Defendant petitioned to set aside the OACR, claiming the $50,000 figure was a typographical error and the agreed amount was $30,000. The WCJ twice denied the petition to set aside without taking evidence or holding an evidentiary hearing. The Board granted defendant's petition for reconsideration, finding there was no evidentiary record to evaluate the WCJ's determination that the mistake was unilateral rather than mutual, and that the absence of a hearing violated both parties' due process rights. The Board rescinded the July 23 and August 19, 2021 Orders and remanded for further proceedings.