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Jennifer Tabor Mccloud, Applicant v. San Diego Sunrise Management; Everest National Insurance Company administered by Sedgwick CMS, Inc., Defendants

California Workers Compensation Decisions
Jan 14, 2022
No. ADJ9303772 (Cal. W.C.A.B. Jan. 14, 2022)

Opinion


JENNIFER TABOR MCCLOUD, Applicant v. SAN DIEGO SUNRISE MANAGEMENT; EVEREST NATIONAL INSURANCE COMPANY administered by SEDGWICK CMS, INC., Defendants No. ADJ9303772 California Workers Compensation Decisions Workers’ Compensation Appeals Board State of California January 14, 2022

San Diego District Office

OPINION AND DECISION AFTER RECONSIDERATION

KATHERINE A. ZALEWSKI, 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After Reconsideration of the Workers' Compensation Appeals Board that the WCJ's decision of February 5, 2021 is RESCINDED and this matter is RETURNED to the trial level for further proceedings and decision by the WCJ.

I CONCUR, DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

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

JENNIFER TABOR MCCLOUD

LAW OFFICES OF PIERRE VAUGHN

TROVILLION, INVEISS & DEMAKIS


Summaries of

Jennifer Tabor Mccloud, Applicant v. San Diego Sunrise Management; Everest National Insurance Company administered by Sedgwick CMS, Inc., Defendants

California Workers Compensation Decisions
Jan 14, 2022
No. ADJ9303772 (Cal. W.C.A.B. Jan. 14, 2022)
Case details for

Jennifer Tabor Mccloud, Applicant v. San Diego Sunrise Management; Everest National Insurance Company administered by Sedgwick CMS, Inc., Defendants

Case Details

Full title:JENNIFER TABOR MCCLOUD, Applicant v. SAN DIEGO SUNRISE MANAGEMENT; EVEREST…

Court:California Workers Compensation Decisions

Date published: Jan 14, 2022

Citations

No. ADJ9303772 (Cal. W.C.A.B. Jan. 14, 2022)