CompFox AI Summary
The Workers' Compensation Appeals Board dismissed Ruben Aquino's Petition for Reconsideration as premature because his allegations of fraud and new evidence lacked supporting testimony or admitted evidence. The Board found that the original service of the Compromise and Release order was defective, making Aquino's petition timely for the purpose of review. However, since no evidence was presented regarding his claims, the Board returned the matter to the trial level. The WCJ is instructed to schedule a hearing for parties to present evidence, after which either party may file a new petition for reconsideration.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed Ruben Aquino's Petition for Reconsideration as premature because his allegations of fraud and new evidence lacked supporting testimony or admitted evidence. The Board found that the original service of the Compromise and Release order was defective, making Aquino's petition timely for the purpose of review. However, since no evidence was presented regarding his claims, the Board returned the matter to the trial level. The WCJ is instructed to schedule a hearing for parties to present evidence, after which either party may file a new petition for reconsideration.
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