What the panel ordered
The WCJ's Findings and Order of October 15, 2024, is rescinded; the petition to withdraw the petition for reconsideration is dismissed as moot; the WCJ's order approving the settlement is not disturbed.
Applicant timely petitioned for reconsideration of the Findings and Order issued by the WCJ on October 15, 2024, which was granted for further study of factual and legal issues.
This docket was decided more than once. Shown here is the latest released decision; we also hold January 17, 2025.
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.
The WCJ's order approving the settlement was improper while the petition for reconsideration was pending, but the Board found the settlement amount and attorney's fee adequate and did not disturb the order; the petition to withdraw the petition for reconsideration was dismissed as moot.
From the decision · page 1Although it was improper for the WCJ to approve the settlement while this matter was pending before the appeals board1, based on our own review of the record, we find the amount of the settlement and the attorney's fee to be adequate. Accordingly, in the interests of clarity and expediency, we will not disturb the WCJ's order approving the settlement. We will, however, dismiss the petition to withdraw the petition for reconsideration, since we find it to be moot based on the order approving settlement and our decision herein.