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Tanya Schwab Kearney, Applicant v. Capistrano Unified School District, Permissibly Self-Insured; administered by Corvel Corporation, Defendants

California Workers Compensation Decisions
Feb 11, 2022
No. ADJ10298831 (Cal. W.C.A.B. Feb. 11, 2022)

Opinion


TANYA SCHWAB KEARNEY, Applicant v. CAPISTRANO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured; administered by CORVEL CORPORATION, Defendants No. ADJ10298831 California Workers Compensation Decisions Workers’ Compensation Appeals Board State of California February 11, 2022

Anaheim District Office

OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION

The Appeals Board has been advised that, while this matter has been pending on reconsideration, a proposed settlement has been reached. The proposed stipulations settling this matter were uploaded to EAMS on December 17, 2021 but have not been approved by the workers’ compensation administrative law judge (WCJ) because 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 the WCJ to review 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 that the Petition for Reconsideration is GRANTED.

IT IS FURTHER ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board that the November 10, 2021 Findings of Fact are RESCINDED and this matter is RETURNED to the trial level for further proceedings and decision by the WCJ.

WORKERS’ COMPENSATION APPEALS BOARD

CRAIG SNELLINGS, COMMISSIONER

I CONCUR, JOSé H. RAZO, 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.

TANYA SCHWAB KEARNEY SIEGEL, MORENO & STETTLER R AND R SERVICES


Summaries of

Tanya Schwab Kearney, Applicant v. Capistrano Unified School District, Permissibly Self-Insured; administered by Corvel Corporation, Defendants

California Workers Compensation Decisions
Feb 11, 2022
No. ADJ10298831 (Cal. W.C.A.B. Feb. 11, 2022)
Case details for

Tanya Schwab Kearney, Applicant v. Capistrano Unified School District, Permissibly Self-Insured; administered by Corvel Corporation, Defendants

Case Details

Full title:TANYA SCHWAB KEARNEY, Applicant v. CAPISTRANO UNIFIED SCHOOL DISTRICT…

Court:California Workers Compensation Decisions

Date published: Feb 11, 2022

Citations

No. ADJ10298831 (Cal. W.C.A.B. Feb. 11, 2022)