Opinion
Santa Ana District Office
OPINION AND DECISION AFTER RECONSIDERATION
AMBER INGELS, DEPUTY COMMISSIONER
Applicant, Emma Negron, petitioned for reconsideration of the Findings of Fact issued by the workers’ compensation administrative law judge (WCJ) in this matter on May 27, 2021. In that decision, the WCJ found that applicant is not entitled to payment by defendant, American Home Assurance (AHA), of ongoing rent to cure or relieve applicant from the effects of her October 15, 2018 industrial injury to her chest and back while employed by defendant, Silverado Home as an in-home personal attendant. Applicant contends in her petition for reconsideration that the WCJ erred in not awarding reimbursement of applicant’s rent expense.
We granted reconsideration to further study the factual and legal issues presented. Subsequently, the parties participated in a commissioners’ settlement conference at our request. On October 18, 2021, the parties filed a Compromise and Release. Applicant’s attorney also filed a letter dated October 18, 2021, requesting that we approve the Compromise and Release and dismiss applicant’s Petition for Reconsideration.
Following the grant of reconsideration, Commissioner Dodd became unavailable to participate. Another commissioner was assigned in her place.
In order to expedite review and approval of the Compromise and Release, we will rescind the May 27, 2021 decision and remand this matter to the WCJ to consider the settlement. The WCJ may conduct such further proceedings as she deems appropriate.
Our decision should not be construed as a ruling on the merits of the petition for reconsideration filed by applicant. If the WCJ does not approve the settlement, she can issue a new decision and any aggrieved person may timely seek reconsideration from the new decision.
Finally, we commend the parties for successfully resolving this complex matter without the need for further litigation.
For the foregoing reasons,
IT IS ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board that the Findings of Fact issued in this matter on May 27, 2021, be RESCINDED, and that this matter be REMANDED to the workers’ compensation administrative law judge to consider the settlement and for such further proceedings as she deems appropriate.
I CONCUR, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.
EMMA NEGRON, THOMAS LAW ALLIANCE, INC. NAKAMOTO, FA VELA & LIU, LLP