Opinion
San Francisco District Office
OPINION AND DECISION AFTER RECONSIDERATION
MARGUERITE SWEENEY, COMMISSIONER
It has come to the attention of the Appeals Board that, while this matter has been pending on reconsideration, the parties have reached a proposed settlement and the Petition for Reconsideration filed on September 28, 2021 has been withdrawn by petitioner.
We note that the District Office is precluded from acting on a case while it is pending on reconsideration (Cal. Code Regs., tit. 8, § 10961), and upon return of the case the workers’ compensation administrative law judge (WCJ) may review the proposed settlement. Accordingly, we will vacate our November 29, 2021 Order granting defendant’s Petition for Reconsideration (Petition) and dismiss defendant’s Petition for Reconsideration.
For the foregoing reasons,
IT IS ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board that our November 29, 2021 Opinion and Order Granting Reconsideration is VACATED.
IT IS FURTHER ORDERED that the Petition for Reconsideration, filed on September 28, 2021, is DISMISSED.
I CONCUR,
KATHERINE ZALEWSKI, CHAIR
CRAIG SNELLINGS, COMMISSIONER
CONCURRING NOT SIGNING
SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.
ALLEGIANCE LAW
BRADFORD & BARTHEL
CLAUDIA ISAAC
SEDGWICK
THE KROGER COMPANY