Robbie Martinez — ADJ14603066

Applicant Robbie Martinez, a special education teacher, settled his claimed March 30, 2021 injuries via Stipulations with Request for Award, which the WCJ approved on July 22, 2026. The Stipulations contained handwritten 'subject to proof' notations next to the temporary disability amount, the permanent disability rate, and the statement that applicant had been adequately compensated for all TD periods. Applicant sought reconsideration arguing the Stipulations were ambiguous because the TD amounts paid and PD credits were 'subject to proof' and defendant failed to provide an accounting, and that the Award allowed credits without identifying supporting evidence. The WCAB, applying new Labor Code section 5909, found it timely acted and dismissed the Petition as premature because there was no adequate record to evaluate whether grounds existed to set aside the Award. The Board returned the matter to the trial level, directing the WCJ to treat the Petition as a petition to set aside the Award and develop a record.