Nina Meister vs. Cline Cellars And Vintners; Independent Producers Self Insurance Program

In this case, the Workers' Compensation Appeals Board granted the parties' Petitions for Reconsideration of the September 14, 2012 Findings and Award issued by the workers' compensation administrative law judge. The Board then received a letter from defense counsel informing them that the parties had agreed to a settlement of the matter by stipulations with request for award. The Board then issued a Decision After Reconsideration rescinding the September 14, 2012 Findings and Award and returning the matter to the trial judge for consideration of the parties' Stipulations with Request for Award.

Cline Cellars And Vintners; Independent Producers Self Insurance Program Nina Meister WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANINA MEISTER, Applicant,vs. CLINE CELLARS AND VINTNERS; INDEPENDENTPRODUCERS SELF INSURANCE PROGRAM, Defendants.Case No. ADJ7094228 (San Francisco District Office)OPINION AND DECISION AFTER RECONSIDERATION            On December 6, 2012, we granted applicant’s and defendant’s Petitions for Reconsideration of the September 14, 2012 Findings and Award issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant sustained admitted industrial injury to her right lower extremity, right knee and psyche and that she sustained industrial injury to her right hip causing 79% permanent disability and need for further medical treatment. ‘We granted reconsideration in order to allow us time to further study the factual and legal issues in this case.            While this matter was still pending on reconsideration, we received a May 22, 2013 letter from defense counsel informing us that the “parties have now agreed to a settlement of the matter by stipulations with request for award.” It appears that applicant’s attorney received a courtesy copy of the May 22, 2013 letter. Therefore, based on the representations made therein, we will now issue our Decision After Reconsideration rescinding the September 14, 2012 Findings and Award and returning this matter to the trial judge for consideration of the parties’ Stipulations with Request for Award. If a settlement is not reached, the WCJ may reinstate the Findings and Award enabling the parties to seek reconsideration anew on a timely basis. ,             For the foregoing reasons,            IT IS ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board, that the September 14, 2012 Findings and Award is RESCINDED, and that this matter is RETURNED to the trial level for further proceedings and decision by the WCJ cons

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