CompFox AI Summary
The Appeals Board dismissed the applicant's Petition for Reconsideration as premature because the WCJ had not yet held a hearing on the applicant's allegations of improperly paid benefits and disagreement with the dismissal of her Labor Code section 132(a) claim. The Board is returning the matter to the WCJ to treat the applicant's petition as a petition to set aside the Compromise and Release agreement. This will allow the applicant to present evidence and create a record for the WCJ to make a decision. Following the WCJ's decision, either party may then file a timely reconsideration.
Full Decision Text1 Pages
The Appeals Board dismissed the applicant's Petition for Reconsideration as premature because the WCJ had not yet held a hearing on the applicant's allegations of improperly paid benefits and disagreement with the dismissal of her Labor Code section 132(a) claim. The Board is returning the matter to the WCJ to treat the applicant's petition as a petition to set aside the Compromise and Release agreement. This will allow the applicant to present evidence and create a record for the WCJ to make a decision. Following the WCJ's decision, either party may then file a timely reconsideration.
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