What the panel ordered
Defendant's Petition for Reconsideration of the WCJ's June 23, 2023 Award is dismissed and the matter is returned to the WCJ for further proceedings.
Defendant filed a Petition for Reconsideration of the WCJ's June 23, 2023 Award, which was dismissed as premature by the Appeals Board. The WCJ later issued an Order granting defendant a credit against future workers' compensation liability. Defendant filed a new Petition for Reconsideration seeking relief from remaining liability under the Award, which is now dismissed and remanded for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold September 18, 2023.
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 Appeals Board dismissed the Petition for Reconsideration as premature because there was no hearing or evidence admitted on the issue of good cause to withdraw from the stipulations or the application of the third-party credit to the Award.
From the decision · page 4Accordingly, we dismiss defendant's Petition for Reconsideration of the WCJ's June 23, 2023 Award and return the matter to the WCJ for further proceedings consistent with this opinion. Upon return of this matter to the trial level, we recommend that the WCJ treat the Petition for Reconsideration as a petition to set aside the WCJ's Award and set a hearing so that the parties can provide evidence in support of their argument(s) and create a record upon which a decision can be made by the WCJ. After the WCJ issues a decision, either party may then timely seek reconsideration of that decision.