Home/Case Law/DAVID VELASQUEZ vs. PACIFIC ENERGY CONSTRUCTION CORP., AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS
Regular DecisionReconsideration

DAVID VELASQUEZ vs. PACIFIC ENERGY CONSTRUCTION CORP., AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

Filed: Aug 02, 2011
Marina Del Rey
ADJ2483385 (MON 0345351)

CompFox AI Summary

The Appeals Board granted reconsideration and removed the case to itself after the WCJ issued a Findings and Award for applicant's industrial injury including sleep disorder. Subsequently, the parties reached a Compromise and Release (C&R) settlement while the defendant's reconsideration petition was pending. The WCJ improperly approved the C&R after her jurisdiction had expired according to Appeals Board rules. The Board rescinded the prior Findings and Award and WCJ orders, returning the case to the trial level for proceedings on the C&R, and specifically rescinded the WCJ's C&R approval order due to lack of jurisdiction.

Full Decision Text1 Pages

The Appeals Board granted reconsideration and removed the case to itself after the WCJ issued a Findings and Award for applicant's industrial injury including sleep disorder. Subsequently, the parties reached a Compromise and Release (C&R) settlement while the defendant's reconsideration petition was pending. The WCJ improperly approved the C&R after her jurisdiction had expired according to Appeals Board rules. The Board rescinded the prior Findings and Award and WCJ orders, returning the case to the trial level for proceedings on the C&R, and specifically rescinded the WCJ's C&R approval order due to lack of jurisdiction.

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DAVID VELASQUEZ vs. PACIFIC ENERGY CONSTRUCTION CORP., AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS (2011) – Marina Del Rey | CompFox