Joshua Currenton — ADJ21537607

Applicant Joshua Currenton, appearing in pro per, sought reconsideration of the OACR approving a $75,000 Compromise and Release, alleging fraud, wage miscalculation, that the QME report was withheld, and that he received false legal advice from his former attorneys. The WCJ issued a Report recommending the petition be treated as a petition to set aside the OACR and returned to the trial level. The Appeals Board found that with no evidentiary record developed, it could not evaluate the applicant's contentions and that at a minimum a hearing was warranted, especially given concerns about mutual consent, inadequate body-part descriptions, missing medical reporting on the mold/respiratory claim, and approval of an attorney's fee after the attorneys had been dismissed. Citing its recent en banc decision in Gaines v. ABM Aviation, the Board emphasized WCJs must inquire into settlement adequacy and validity. The Board dismissed the Petition for Reconsideration as premature and returned the matter to the WCJ to treat it as a petition to set aside the OACR and develop a record.