What the panel ordered
The WCAB rescinded the August 4, 2022, OACRs in ADJ12518707, ADJ12518708, and ADJ12518731 and returned the matter to the trial level for further proceedings consistent with the opinion.
Petition for reconsideration granted to review the Orders Approving Compromise and Release (OACRs) issued by the WCJ on August 4, 2022, which approved three C&Rs; the WCJ recommended denial of the petition; the WCAB rescinded the OACRs and returned the matter to the WCJ for further proceedings.
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 failed to determine the adequacy of the C&Rs, no medical evidence was submitted, the C&Rs contained conflicting and illegible provisions, and the settlement improperly included supplemental job displacement benefits, making the C&Rs inadequate.
From the decision · page 5Here, the WCJ failed to determine the adequacy of the settlement. (Cal. Code Regs, tit. 8, § 10700.) In the Report, the WCJ only discusses good cause to set aside the OACRs but does not discuss the adequacy of the C&Rs. (Report, pp. 3-4.) Additionally, it is not possible for us to evaluate the adequacy of the C&R on the record currently before us. "A proper record enables any reviewing tribunal, be it the Board on reconsideration or a court on further appeal, to understand the basis for the decision." (Hamilton, supra, 66 Cal.Comp.Cases at p. 475.)