ADJ9011956 JENNETH WHEATLE, Applicant v. LOS ANGELES UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

Full title: ADJ9011956 JENNETH WHEATLE, Applicant v. LOS ANGELES UNIFIED SCHOOL…

Court: Workers' Compensation Appeals Board State of California

Date published: Mar 8, 2024

No. ADJ9011956 (Cal. W.C.A.B. Mar. 8, 2024)

Opinion

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JENNETH WHEATLE, Applicant v. LOS ANGELES UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants No. ADJ9011956 Workers' Compensation Appeals Board State of California March 8, 2024

Van Nuys District Office

OPINION AND DECISION AFTER RECONSIDERATION

JOSEPH V. CAPURRO, COMMISSIONER

Applicant Jenneth Wheatle petitions for reconsideration of the Findings of Fact and Order issued by the workers' compensation administrative law judge (WCJ) in this matter on January 4, 2023. In that decision, the WCJ found that applicant's industrial injury while employed by defendant Los Angeles Unified School District as a teacher's assistant on May 9, 2013, did not cause a need for medical treatment for her teeth.

Applicant contends in her petition for reconsideration that the WCJ erred in finding that applicant is not entitled to treatment for her teeth.

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 March 4, 2024, the parties filed a Compromise and Release.

In order to expedite review and approval of the Compromise and Release, we will rescind the January 4, 2023 Findings of Fact and Order and return this matter to the WCJ to consider the Compromise and Release. 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. If the WCJ does not approve the Compromise and Release, she can issue an order

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reinstating her decision and any aggrieved party may timely seek reconsideration from the reinstated decision.

Finally, we commend the parties for successfully resolving this matter without the need of 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 and Order issued on January 4, 2023, be RESCINDED.

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IT IS FURTHER ORDERED that this matter be RETURNED to the workers' compensation administrative law judge for further proceedings consistent with this opinion.

I CONCUR,

KATHERINE WILLIAMS DODD, COMMISSIONER

CRAIG SNELLINGS, COMMISSIONER