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ADJ13528593 DAVID GRADILLA, Applicant v. DMS CONTRACTORS, INC. and FALLS LAKE FIRE AND CASUALTY COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

Workers' Compensation Appeals Board State of California
Aug 28, 2023
No. ADJ13528593 (Cal. W.C.A.B. Aug. 28, 2023)

Opinion


1

DAVID GRADILLA, Applicant v. DMS CONTRACTORS, INC. and FALLS LAKE FIRE AND CASUALTY COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants No. ADJ13528593 Workers’ Compensation Appeals Board State of California August 28, 2023

Van Nuys District Office

OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION

JOSE H. RAZO, 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.

Since the District Office is precluded from acting on a case while it is pending on reconsideration (Cal. Code Regs., tit. 8, § 10961), in order to permit review by the workers' compensation administrative law judge (WCJ) of the proposed settlement, we will grant reconsideration, rescind the decision from which reconsideration is sought and return this matter to the trial level for the WCJ to consider the proposed settlement. If the WCJ does not approve the settlement, the WCJ may issue an order reinstating the original decision and any aggrieved person may timely seek reconsideration from the reinstated decision. This is not a final decision on the merits of any of the issues pending on reconsideration.

2

For the foregoing reasons,

IT IS ORDERED that the Petition for Reconsideration is GRANTED.

IT IS FURTHER ORDERED as the Decision after Reconsideration of the Workers' Compensation Appeals Board that the Findings of Fact issued by the WCJ on June 7, 2023, is RESCINDED and this matter is RETURNED to the trial level for further proceedings consistent with this opinion.

WORKERS' COMPENSATION APPEALS BOARD

I CONCUR, JOSEPH V. CAPURRO, COMMISSONER, KATHERINE WILLIAMS DODD, COMMISSIONER


Summaries of

ADJ13528593 DAVID GRADILLA, Applicant v. DMS CONTRACTORS, INC. and FALLS LAKE FIRE AND CASUALTY COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

Workers' Compensation Appeals Board State of California
Aug 28, 2023
No. ADJ13528593 (Cal. W.C.A.B. Aug. 28, 2023)
Case details for

ADJ13528593 DAVID GRADILLA, Applicant v. DMS CONTRACTORS, INC. and FALLS LAKE FIRE AND CASUALTY COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

Case Details

Full title:ADJ13528593 DAVID GRADILLA, Applicant v. DMS CONTRACTORS, INC. and FALLS…

Court:Workers' Compensation Appeals Board State of California

Date published: Aug 28, 2023

Citations

No. ADJ13528593 (Cal. W.C.A.B. Aug. 28, 2023)