Home/Case Law/Venessa Vielma vs. The Pape Group, Hartford Insurance Company of the Midwest
Regular DecisionReconsideration

Venessa Vielma vs. The Pape Group, Hartford Insurance Company of the Midwest

Filed: Sep 08, 2011
San Jose
ADJ6780734

CompFox AI Summary

The Appeals Board granted reconsideration because the WCJ issued an Order Approving Compromise and Release one day after the jurisdictional 15-day period to act on the applicant's petition for reconsideration had expired. This untimely action rendered the WCJ's Order and the prior Findings, Award and Order without jurisdiction. Therefore, the Board rescinded both the Order Approving Compromise and Release and the Findings Award and Order. The matter is returned to the trial level for further review of the settlement by the WCJ.

Full Decision Text1 Pages

The Appeals Board granted reconsideration because the WCJ issued an Order Approving Compromise and Release one day after the jurisdictional 15-day period to act on the applicant's petition for reconsideration had expired. This untimely action rendered the WCJ's Order and the prior Findings, Award and Order without jurisdiction. Therefore, the Board rescinded both the Order Approving Compromise and Release and the Findings Award and Order. The matter is returned to the trial level for further review of the settlement by the WCJ.

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Venessa Vielma vs. The Pape Group, Hartford Insurance Company of the Midwest (2011) – San Jose | CompFox