ADJ9987175 GUSTAVO SANCHEZ, Applicant v. PINNACLE COMPANY, INC.; STARR INDEMNITY, administered by YORK RISK SERVICES GROUP, INC., a SEDGWICK COMPANY, Defendants

Full title: ADJ9987175 GUSTAVO SANCHEZ, Applicant v. PINNACLE COMPANY, INC.; STARR…

Court: Workers' Compensation Appeals Board State of California

Date published: Feb 14, 2024

No. ADJ9987175 (Cal. W.C.A.B. Feb. 14, 2024)

Opinion

1

GUSTAVO SANCHEZ, Applicant v. PINNACLE COMPANY, INC.; STARR INDEMNITY, administered by YORK RISK SERVICES GROUP, INC., a SEDGWICK COMPANY, Defendants No. ADJ9987175 Workers' Compensation Appeals Board State of California February 14, 2024

Santa Ana District Office

OPINION AND DECISION AFTER RECONSIDERATION

CRAIG SNELLINGS, COMMISSIONER

We previously granted reconsideration in this matter in order to allow us time to further study the factual and legal issues in this case. By letter dated December 27, 2023, defendant withdrew its Petition for Reconsideration and requested that jurisdiction be returned to the district office for the approval of the parties' settlement. Accordingly, we now issue our Opinion and Decision After Reconsideration vacating our order granting reconsideration and dismissing defendant's Petition for Reconsideration.

Since the District Office was precluded from acting on this case while it was pending on reconsideration (Cal. Code Regs., tit. 8, § 10961), the December 29, 2023 Order Approving Compromise and Release was void ab initio and should be reissued by the WCJ.

2

For the foregoing reasons,

IT IS ORDERED as the Decision after Reconsideration of the Workers' Compensation Appeals Board, that our October 21, 2022 Opinion and Order Granting Petition for Reconsideration is VACATED.

IT IS FURTHER ORDERED that defendant's Petition for Reconsideration filed on August 22, 2022 is DISMISSED.

I CONCUR, KATHERINE A. ZALEWSKI, CHAIR KATHERINE WILLIAMS DODD, COMMISSIONER