Ruben Martinez — ADJ20001606

Defendant sought reconsideration of an Order Approving Compromise and Release (OACR) issued June 17, 2026, arguing the OACR erroneously excluded two additional claim numbers the parties intended to settle. Applicant did not file an answer, and the WCJ recommended denial. The Appeals Board determined that the issues raised (essentially a claim of mistake seeking to set aside the OACR) had not proceeded to a hearing and were not ripe for adjudication on reconsideration. Because defendant bears the burden of proof on the mistake issue, which absent joint agreement requires a trial, the Board dismissed the petition and returned the matter to the trial level to treat it as a petition to set aside the OACR. The Board also confirmed it acted timely under the version of Labor Code section 5909 in effect from July 2, 2024 through June 30, 2026.