Carmen Baez — ADJ1142398, ADJ11423981

Applicant Carmen Baez entered into Stipulations with Request for Award on April 2, 2019 resolving a specific back injury at 14% permanent disability, based on the report of QME Mark Lungren, D.C. The next day, defendant Zenith walked the stipulations through and the WCJ issued an Award without applicant present, and applicant's attorney soon advised the agreement lacked authorization and promptly petitioned to set aside the Award. After a March 2021 hearing, the WCJ found the QME report was not substantial evidence, set aside the Award, and ordered further development of the record. The WCAB majority, treating the petition under the removal standard because defendant challenged only an interlocutory portion of a hybrid decision, affirmed, finding no significant prejudice or irreparable harm. Commissioner Lowe dissented, concluding there was no good cause to set aside the Award because the QME report was substantial evidence and a mere change of opinion does not justify undoing an approved settlement.