Hernandez, Juan Carlos

Applicant Juan Carlos Hernandez sustained an industrial injury and recovered a net amount of $147,625.51 from a third-party civil settlement (arising from a motor vehicle accident). The WCJ issued Findings and Orders on June 10, 2025, granting defendant Insurance Company of the West a third-party credit of $147,625.51 against all species of future benefits under Labor Code section 3861. Applicant filed both a Petition for Removal (challenging an alleged April 16, 2025 order closing discovery and setting trial) and a Petition for Reconsideration (challenging the credit award on substantial evidence and due process grounds). The Appeals Board, citing concern over the lack of evidence in the record and the need to give complete consideration to the factual and legal issues, granted both petitions and deferred a final decision pending further review of the merits and the entire record.