CompFox AI Summary
The Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's order vacating a compromise and release was not a final order. However, the Board granted removal, rescinded the WCJ's order, and returned the case for further proceedings. This action was taken to ensure the defendant's due process rights by providing them notice and an opportunity to present evidence and arguments regarding the applicant's request to vacate the settlement. The WCJ should have scheduled a hearing or issued a notice allowing parties to address the merits of vacating the compromise and release.
Full Decision Text1 Pages
The Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's order vacating a compromise and release was not a final order. However, the Board granted removal, rescinded the WCJ's order, and returned the case for further proceedings. This action was taken to ensure the defendant's due process rights by providing them notice and an opportunity to present evidence and arguments regarding the applicant's request to vacate the settlement. The WCJ should have scheduled a hearing or issued a notice allowing parties to address the merits of vacating the compromise and release.
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