WCPanelIQ
PanelQMEDismissed

Garcia Ochoa, Adan

ADAN GARCIA OCHOA, Applicant vs. WASTE MANAGEMENT OF CALIFORNIA, INC.; GALLAGHER BASSETT SERVICES, Defendants

ADJ number
ADJ17656598
Decision date
Sep 24, 2025
District office
San Jose
WCJ
—
Claim administrator
Gallagher Bassett Services
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: back, hips, shoulder, nervous system, psyche, lower extremities, circulatory system, reproductive system, neck, arm, hand, stress

LC §5909LC §5900LC §5803LC §5702LC §5903LC §5952CCR §10700

Summary

Applicant Adan Garcia Ochoa sought reconsideration of an Amended Order Approving Compromise and Release (OACR) issued July 16, 2024, that resolved three consolidated claims. His Petition appeared to contend he never had the chance to see a doctor. The WCAB found there was no evidence in the record regarding applicant's allegations, and that due process required him to be afforded the opportunity to be heard and present evidence. The Board 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, set a hearing, and create a record upon which a decision can be made.

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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