Anabel Lopez Lopez — ADJ14364219

Defendant Jesus Lua and I.Y.V.E., LLC sought reconsideration of an Order Approving Compromise & Release in an uninsured employer case, arguing he did not receive proper notice of the trial because his address had changed and that he was not applicant's employer at the time of injury. The WCJ had overruled defendant's untimely, unverified objection to the Notice of Intent and issued the OACR after defendant failed to appear at the June 30, 2026 trial. The Board found the defendant was entitled to a hearing as a matter of due process, but that the absence of a record prevented it from evaluating whether grounds existed to set aside the Award. The Board dismissed the Petition for Reconsideration as premature and returned the matter to the trial level, instructing the WCJ to treat the Petition as one to set aside the OACR and develop a record. The Board also confirmed its timely action under the newly applicable version of Labor Code section 5909.