ADJ7264817 ANTONIA GARDUNO, Applicant v. WALMART, INC.; ACE AMERICAN ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

Full title: ADJ7264817 ANTONIA GARDUNO, Applicant v. WALMART, INC.; ACE AMERICAN…

Court: Workers’ Compensation Appeals Board State of California

Date published: Nov 13, 2023

No. ADJ7264817 (Cal. W.C.A.B. Nov. 13, 2023)

Opinion

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ANTONIA GARDUNO, Applicant v. WALMART, INC.; ACE AMERICAN ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants No. ADJ7264817 Workers’ Compensation Appeals Board State of California November 13, 2023

Santa Barbara District Office

OPINION 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 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.

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For the foregoing reasons,

IT IS ORDERED as the Decision After Reconsideration of the Workers' Compensation Appeals Board that the WCJ's decision of November 22, 2021 is RESCINDED and this matter is RETURNED to the trial level for further proceedings and decision by the WCJ.

I CONCUR,

JOSEPH V. CAPURRO, COMMISSIONER

KATHERINE A. ZALEWSKI, CHAIR