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Donald Franklin vs. Neptune Water Solutions, Inc

NEPTUNE WATER SOLUTIONS, INC DONALD FRANKLIN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONALD FRANKLIN, Applicant,vs.NEPTUNE WATER SOLUTIONS, INC., Defendants.Case No. ADJ8844500(San Francisco District Office))OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION            Applicant, representing himself, seeks reconsideration of the Order Approving Compromise and Release (OACR) entered by the workers’ compensation administrative law judge (WCJ) on March 6, 2014. In the underlying Compromise and Release, in exchange for $6,000.00, applicant settled his claim that, while employed as an outside salesperson from June 22, 2012 through September 1, 2012, he sustained industrial injury to his right and left feet.            Applicant appears to contend that the Compromise and Release was procured by fraud, and states that he was not paid in accordance with the Compromise and Release.            We have reviewed defendant’s Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition for Reconsideration (Petition) be granted and the matter returned to him for a hearing to “determine whether applicant is justified and issue a new report to the Appeals Board.”            We have considered the Petition, the Answer, and the contents of the Report, and we have reviewed the record in this matter. 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.            We note that we, like the WCJ, are unable to determine whether applicant’s Petition is timely. As the WCJ pointed out in his Report, the OACR was approved on March 6, 2014, and was served on , defendant that same day, with service to applicant designated to defendant. The record in the Electronic Adjudication Management System does


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