WCPanelIQ
PanelRemanded

Garth Bender — ADJ13266074, ADJ13646928

GARTH BENDER, Applicant vs. CITY OF NAPA, permissibly self-insured, adjusted by INTERCARE HOLDINGS, Defendants

ADJ number
ADJ13266074, ADJ13646928
Decision date
Date unavailable
District office
Santa Rosa
WCJ
—
Claim administrator
Intercare Holdings (TPA for City of Napa, permissibly self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
CCR §10859CCR §10961

Summary

While this matter was pending on reconsideration of the WCJ's April 20, 2021 decision, the parties reached a proposed settlement. Because the District Office cannot act on a case while it is pending on reconsideration under Cal. Code Regs., tit. 8, former section 10859 (now section 10961), the Appeals Board rescinded the WCJ's decision and returned the matter to the trial level so the WCJ could consider the proposed settlement.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 noted that if the WCJ does not approve the settlement, the WCJ may reinstate the original decision, and any aggrieved party may timely seek reconsideration. The Board emphasized that this is 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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