Cesar Oceja — ADJ13602604, ADJ13602605

Applicant Cesar Oceja, acting in pro per, sought reconsideration of a December 8, 2020 Order Approving Compromise and Release (OACR) issued by the WCJ without a hearing, claiming he attempted to withdraw from the settlement after signing but before defendant's acceptance and WCJ approval. The Board previously granted reconsideration but, on further study, determined the Petition was premature because the record was insufficient on both whether applicant validly withdrew from the agreement and whether the settlement was adequate. Applying contract principles to workers' compensation settlements, the Board noted that if applicant withdrew before defendant's acceptance, no enforceable contract may have formed. The Board vacated its June 8, 2021 Order granting reconsideration, dismissed the Petition as premature, and returned the matter to the trial level, recommending the WCJ treat the Petition as one to set aside the OACR and set a hearing to develop the record.