WCPanelIQ
PanelRemanded

Silvia Escobar — ADJ7059079

SILVIA ESCOBAR, Applicant vs. AUTOZONE, INC.; NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Administered by GALLAGHER BASSETT, Defendants

ADJ number
ADJ7059079
Decision date
Feb 18, 2021
District office
San Francisco
WCJ
—
Claim administrator
Gallagher Bassett (administering National Union Fire Insurance Company of Pittsburgh, Pennsylvania)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
CCR §10859CCR §10961

Summary

While Silvia Escobar's case was pending on reconsideration from a WCJ decision dated December 7, 2018, the parties reached a proposed settlement. Because the District Office is precluded from acting on a case while it is pending on reconsideration under former Cal. Code Regs., tit. 8, § 10859 (now § 10961), the Appeals Board rescinded the WCJ's decision to permit the WCJ to review the proposed settlement at the trial level. The Board returned the matter to the trial level for further proceedings. The Board clarified this was not a final decision on the merits of any pending issues and that if the WCJ does not approve the settlement, the WCJ may reinstate the original decision, after which any aggrieved party may again seek reconsideration.

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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