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German Ortiz, Applicant v. RMT Contracting; Tayyeba Farms; Insurance Company of the West, Defendants

California Workers Compensation Decisions
Feb 10, 2022
No. ADJ11382544 (Cal. W.C.A.B. Feb. 10, 2022)

Opinion


GERMAN ORTIZ, Applicant v. RMT CONTRACTING; TAYYEBA FARMS; INSURANCE COMPANY OF THE WEST, Defendants No. ADJ11382544 California Workers Compensation Decisions Workers’ Compensation Appeals Board State of California February 10, 2022

Bakersfield District Office

OPINION AND DECISION AFTER RECONSIDERATION

KATHERINE A. ZALEW SKI, CHAIR

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.

For the foregoing reasons,

IT IS ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board that the WCJ’s decision of April 15, 2020 is RESCINDED and this matter is RETURNED to the trial level for further proceedings and decision by the WCJ.

I CONCUR,

KATHERINE WILLIAMS DODD, COMMISSIONER , CRAIG SNELLINGS, COMMISSIONER

SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.

LAW OFFICES OF ALBERT & MACKENZIE

LAW OFFICES OF ALEXANDER & ASSOCIATES

GERMAN ORTIZ

REED & GARCIA LAW

LAW OFFICE OF YRULEGUI & ROBERTS


Summaries of

German Ortiz, Applicant v. RMT Contracting; Tayyeba Farms; Insurance Company of the West, Defendants

California Workers Compensation Decisions
Feb 10, 2022
No. ADJ11382544 (Cal. W.C.A.B. Feb. 10, 2022)
Case details for

German Ortiz, Applicant v. RMT Contracting; Tayyeba Farms; Insurance Company of the West, Defendants

Case Details

Full title:GERMAN ORTIZ, Applicant v. RMT CONTRACTING; TAYYEBA FARMS; INSURANCE…

Court:California Workers Compensation Decisions

Date published: Feb 10, 2022

Citations

No. ADJ11382544 (Cal. W.C.A.B. Feb. 10, 2022)