Authorities as the decision cited them, with how this panel applied each one.
Gangwish v. Workers' Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284
A fair hearing includes the opportunity to call and cross-examine witnesses, introduce and inspect exhibits, and offer evidence in rebuttal.
Applied to emphasize fair hearing requirements.
From the decision · page 3Furthermore, all parties in workers' compensation proceedings retain their fundamental
right to due process and a fair hearing under both the California and United States Constitutions.
(Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151, 157-158 [65 Cal.Comp.Cases
805] (Rucker).) A fair hearing includes, but is not limited to, the opportunity to call and cross-
examine witnesses; introduce and inspect exhibits; and to offer evidence in rebuttal. (Gangwish
v. Workers' Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284, 1295 [66 Cal.Comp.Cases 584];
Rucker, supra, 82 Cal.App.4th at pp. 157-158, citing Kaiser Co. v. Industrial Acc. Com. (1952)
109 Cal.App.2d 54, 58 [17 Cal.Comp.Cases 21]; Katzin v. Workers' Comp. Appeals Bd. (1992) 5
Cal.App.4th 703, 710-712 [57 Cal.Comp.Cases 230].)
Cal. Code Regs., tit. 8, 10700(b)
The Workers' Compensation Appeals Board shall inquire into the adequacy of all Compromise and Release agreements and Stipulations with Request for Award, and may set the matter for hearing to take evidence when necessary to determine whether the agreement should be approved or disapproved, or issue findings and awards.
Applied to require review and hearing on settlement adequacy.
From the decision · page 2"The Workers' Compensation Appeals Board shall inquire into the adequacy of all
Compromise and Release agreements and Stipulations with Request for Award, and may set the
matter for hearing to take evidence when necessary to determine whether the agreement should be
approved or disapproved, or issue findings and awards." (Cal. Code Regs., tit. 8, § 10700(b).) We
observe that contract principles apply to settlements of workers' compensation disputes.
Stipulations between the parties must be interpreted to give effect to the mutual intention of the
parties it existed at the time of contracting, so far as the same is ascertainable and lawful. (County
of San Joaquin v. Workers' Compensation Appeals Bd. (Sepulveda) (2004) 117 Cal.App.4th 1180,
1184 [69 Cal.Comp.Cases 193], citing Civ. Code, § 1636.)
County of San Joaquin v. Workers' Compensation Appeals Bd. (Sepulveda) (2004) 117 Cal.App.4th 1180
Stipulations between the parties must be interpreted to give effect to the mutual intention of the parties it existed at the time of contracting, so far as the same is ascertainable and lawful.
Applied to interpret settlement documents including the Hartman formula addendum.
From the decision · page 2"The Workers' Compensation Appeals Board shall inquire into the adequacy of all
Compromise and Release agreements and Stipulations with Request for Award, and may set the
matter for hearing to take evidence when necessary to determine whether the agreement should be
approved or disapproved, or issue findings and awards." (Cal. Code Regs., tit. 8, § 10700(b).) We
observe that contract principles apply to settlements of workers' compensation disputes.
Stipulations between the parties must be interpreted to give effect to the mutual intention of the
parties it existed at the time of contracting, so far as the same is ascertainable and lawful. (County
of San Joaquin v. Workers' Compensation Appeals Bd. (Sepulveda) (2004) 117 Cal.App.4th 1180,
1184 [69 Cal.Comp.Cases 193], citing Civ. Code, § 1636.)
Cal. Code Regs., tit. 8, 10803
A proper record enables any reviewing tribunal to understand the basis for the decision, including pleadings, minutes of hearing, transcripts, evidence, and findings.
Applied to require a complete record for review.
From the decision · page 3appeal, to understand the basis for the decision." (Hamilton v. Lockheed Corporation (2001) 66
Cal.Comp.Cases 473, 475 [2001 Cal. Wrk. Comp. LEXIS 4947] (Appeals Bd. en banc).) The
Appeals Board's record of proceedings is maintained in the adjudication file and consists of: the
pleadings, minutes of hearing and summary of evidence, transcripts, if prepared and filed, proofs
of service, evidence received in the course of a hearing, exhibits marked but not received in
evidence, notices, petitions, briefs, findings, orders, decisions, and awards, and the arbitrator's file,
if any.... Documents that are in the adjudication file but have not been received or offered in
evidence are not part of the record of proceedings. (Cal. Code Regs., tit. 8, § 10803.)
Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151
All parties retain their fundamental right to due process and a fair hearing under both the California and United States Constitutions, including the opportunity to call and cross-examine witnesses and offer evidence.
Applied to emphasize due process and fair hearing rights.
From the decision · page 3Furthermore, all parties in workers' compensation proceedings retain their fundamental
right to due process and a fair hearing under both the California and United States Constitutions.
(Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151, 157-158 [65 Cal.Comp.Cases
805] (Rucker).) A fair hearing includes, but is not limited to, the opportunity to call and cross-
examine witnesses; introduce and inspect exhibits; and to offer evidence in rebuttal. (Gangwish
v. Workers' Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284, 1295 [66 Cal.Comp.Cases 584];
Rucker, supra, 82 Cal.App.4th at pp. 157-158, citing Kaiser Co. v. Industrial Acc. Com. (1952)
109 Cal.App.2d 54, 58 [17 Cal.Comp.Cases 21]; Katzin v. Workers' Comp. Appeals Bd. (1992) 5
Cal.App.4th 703, 710-712 [57 Cal.Comp.Cases 230].)