WCPanelIQ
PanelRemanded

Juan Antonio Rojas Agustin — ADJ13749524

JUAN ANTONIO ROJAS AGUSTIN, Applicant vs. KABUKI JAPANESE RESTAURANT; AMGUARD INSURANCE COMPANY, Defendants

ADJ number
ADJ13749524
Decision date
Sep 20, 2021
District office
Van Nuys
WCJ
—
Claim administrator
AmGUARD Insurance Company
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
CCR §10859CCR §10961

Summary

The Appeals Board had granted reconsideration of the WCJ's May 21, 2021 Order Dismissing Party Defendant to study the factual and legal issues. While the matter was pending on reconsideration, the parties reached a proposed settlement. Because the District Office is precluded from acting on a case while reconsideration is pending under former Cal. Code Regs., tit. 8, § 10859 (now § 10961), the Board rescinded the WCJ's order and returned the matter to the trial level so the WCJ could review the proposed settlement. The Board emphasized this was not a final decision on the merits, and that if the WCJ declines to approve the settlement, the original decision may be reinstated and any aggrieved party may seek reconsideration from the reinstated decision.

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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