Home/Case Law/Adan Garcia Ochoa vs. Waste Management of California, Inc.; Gallagher Bassett Services
Regular DecisionPetition for Reconsideration

Adan Garcia Ochoa vs. Waste Management of California, Inc.; Gallagher Bassett Services

Filed: Sep 25, 2025
San Jose
ADJ17656598; ADJ17656604; ADJ17656851

CompFox AI Summary

Applicant Adan Garcia Ochoa sought reconsideration of an Amended Order Approving Compromise and Release (OACR) issued on July 16, 2024, alleging he did not have the opportunity to see a doctor. The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration as premature, noting that the case was timely acted upon within the statutory 60-day period. The Board determined that the matter should be returned to the trial level. There, the WCJ is recommended to treat the applicant's filing as a petition to set aside the OACR, allowing the applicant to present evidence and establish a proper record.

Full Decision Text1 Pages

Applicant Adan Garcia Ochoa sought reconsideration of an Amended Order Approving Compromise and Release (OACR) issued on July 16, 2024, alleging he did not have the opportunity to see a doctor. The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration as premature, noting that the case was timely acted upon within the statutory 60-day period. The Board determined that the matter should be returned to the trial level. There, the WCJ is recommended to treat the applicant's filing as a petition to set aside the OACR, allowing the applicant to present evidence and establish a proper record.

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