RUDOLPH GUTIERREZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARUDOLPH GUTIERREZ, ,Applicant,vs.DERREL’S MINI STORAGE; BERKSHIREHATHAWAY HOMESTATE, CO.,, Defendants.Case No. ADJ2705160 (LBO 0378273) OPINION AND ORDERS. DISMISSING RECONSIDERATIONAND TREATING PETITION ASPETITION TO SET ASIDE Applicant Rudolph Gutierrez (applicant) filed a petition for reconsideration on August 23,2010 contending that the settlement of his case by stipulation and order on January 19, 2010 wasnot secured with his consent. Applicant filed this petition in his own capacity pro se. Defendant Derrel’s Mini Storage, adjusted by Redwood Fire and Casualty InsuranceCompany, filed an answer on September 16, 2010. We have received a Report and.: Recommendation on Petition for Reconsideiation (Rcpuii’ from the workes’ compensationadministrative law judge (WCJ).– We have considered the-allegations of the petition for reconsideration. Based on ourreview of the record and the Report of the WCJ, it appears that this matter should be returned to the WCJ and considered as a motion to set aside. , Therefore, we will dismiss the petition as a petition for reconsideration, and as per the WCJ’s recommendation, we will deem the petition as a petition to set aside and return the petitiono the trial level for further proceedings as stated by the WCJ in his Report, which we adopt andncorporate herein.For the foregoing reasons, IT IS HEREBY ORDERED that the applicant’s petition for reconsideration of theanuary 19, 2010 award is DISMISSED. , IS FURTHER ORDERED that the applicant’s petition for reconsideration be deemed a petition to SET ASIDE the award of January 19, 2010 and, as the Appeals Board’s Decision After Reconsideration, the matter is RETURNED to the trial level for consideration of the petition to set aside the award and for such further proceedings as the WCJ may deem appropriate.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________JAMES C. CUNEOI CONCUR,________
