What the panel ordered
February 2, 2021 Order granting reconsideration vacated; petition for reconsideration dismissed as premature; matter returned to trial level with direction to treat petition as one to set aside and set hearingp. 5
Defendant's petition for reconsideration (or in the alternative petition to set aside) of WCJ's Order Approving Compromise and Release
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Record insufficient to determine adequacy of C&R because no hearing held to assess parties' understanding of Medicare beneficiary stipulation; applicant age 64-65 at relevant times
From the decision · page 3Given the applicant’s stated age was 64 years old when the C&R was signed and thus he was 65 at the time the WCJ approved the OACR, applicant would likely be eligible for age-related Medicare benefits. Consequently, the record as to whether the Compromise and Release agreement was adequate is insufficient.