Opinion
Oxnard District Office
OPINION AND DECISION AFTER RECONSIDERATION
KATHERINE A. ZALEWSKI, CHAIR
We previously granted reconsideration to the decision of the WCJ filed on August 25, 2022 in order to study the factual and legal issues in this case.
The decision of the WCJ was actually filed on August 25, 2022, not August 23, 2022 as stated in the Opinion and Order Granting Petition for Reconsideration.
Commissioners Lowe and Sweeney, who were on the panel that issued the Opinion and Orders Dismissing Petition for Removal and Denying Petition for Removal of January 23, 2019, no longer serve on the Appeals Board. Other panelists have been substituted in their place.
Subsequently, the parties were scheduled to participate in a commissioners' settlement conference at our request.
Prior to the date of the scheduled conference, the Appeals Board was notified that on May 18, 2023 the parties entered into a signed settlement agreement resolving the issues in the Petition for Reconsideration. On May 23, 2023, petitioner Elena Konstat, Ph.D. filed a Request to Withdraw the Petition for Reconsideration based upon this stipulated settlement.
Therefore, we vacate our order granting reconsideration and dismiss the Petition. For the foregoing reasons,
IT IS ORDERED as the Decision After Reconsideration of the Workers' Compensation Appeals Board that the Opinion and Order Granting Petition for Reconsideration issued by the Workers' Compensation Appeals Board on February 27, 2023 is VACATED.
IT IS FURTHER ORDERED that the Petition for Reconsideration of the decision issued and filed on August 25, 2022 is DISMISSED.
I CONCUR, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.
ELENA KONSTAT, PH.D. R&R SERVICES FLOYD SKEREN MANUKIAN LANGEVIN, LLP ZA MANAGEMENT
LAS/ara