Hernandez, Jose

While Jose Hernandez's case against Roto Dynamics, Inc. was pending on reconsideration of the WCJ's July 6, 2022 decision, the parties reached a proposed settlement. Because the District Office is precluded from acting on a case while it is pending on reconsideration under Cal. Code Regs., tit. 8, § 10961, the Appeals Board rescinded the underlying WCJ decision and returned the matter to the trial level so the WCJ could review the proposed settlement. The Board clarified that this was not a final decision on the merits of any of the pending issues. If the WCJ does not approve the settlement, the WCJ may reinstate the original decision, after which any aggrieved party may again seek reconsideration. A replacement panel member was assigned because Commissioner Sweeney, who issued the original order, no longer serves on the Appeals Board.