BJ COLLECTION, INC.; EMPLOYERS COMPENSATION INSURANCE OMAR ALVAREZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOMAR ALVAREZ, Applicant,vs.BJ COLLECTION, INC.; EMPLOYERS COMPENSATION INSURANCE, Defendants.Case No. ADJ8054165(Los Angeles District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Applicant, representing himself, seeks reconsideration of the Order Approving Compromise and Release (OACR) entered by a workers’ compensation administrative law judge (WCJ) on August 2, 2012. In the Compromise and Release, in exchange for $5,000.00, applicant settled his claim that he sustained an industrial injury to his head and back while employed from June 11, 2010 through June 11, 2011. Applicant contends that the OACR should be set aside, arguing that the Compromise and Release was procured by force and that he has obtained a new attorney. We have not received an Answer from the defendant. We have not received a substitution of attorney or notice of representation from a new applicant’s attorney. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that applicant’s Petition for Reconsideration be granted, and the matter be returned to the trial level for a status conference to determine whether there is good cause to set aside the OACR. For the reasons discussed by the WCJ in his Report, which we adopt and incorporate by reference, we will grant reconsideration, rescind the OACR, and return this matter to the trial level for the WCJ to determine if the OACR should be reinstated. The OACR should be reinstated unless applicant can show that some ground exists, not within the knowledge of the Board when the original order was made, which renders the original order inequitable. This may be established by showing that , the Compromise and Release was secured by fraud, mistake, duress, or undue influence. (See Fidelity & Cas. Co, of New Yo
