Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, § 5909
Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board.
The Board concluded the Petition was not timely acted upon within 60 days from transmission, thus dismissing it.
From the decision · page 2II.
Former Labor Code section 59090F1 provided that a petition for reconsideration was deemed
Lab. Code, §§ 5803, 5804
Appeals Board has continuing jurisdiction to rescind, alter, or amend any order if a petition is filed within five years of injury and good cause is shown.
The Board noted the continuing jurisdiction but found the Petition premature and remanded for further proceedings at trial level.
From the decision · page 3III.
The Appeals Board has continuing jurisdiction to "rescind, alter, or amend any order,
decision, or award," if a petition is filed within five years of the date of injury and "good cause"
to reopen is shown. (Lab. Code, § 5803, 5804.) Further, "[t]he 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).)
"A stipulation is `An agreement between opposing counsel... ordinarily entered into for
the purpose of avoiding delay, trouble, or expense in the conduct of the action,' (Ballentine, Law
Dict. (1930) p. 1235, col. 2) and serves `to obviate need for proof or to narrow range of litigable
issues' (Black's Law Dict. (6th ed. 1990) p. 1415, col. 1) in a legal proceeding." (County of
Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App.4th 1114, 1118 [65
Cal.Comp.Cases 1].)
Lab. Code, § 5702; Cal. Code Regs., tit. 8, § 10835
WCJ is not bound by parties' stipulations and may make further inquiry to determine the matter in controversy.
The Board noted the WCJ's authority to inquire further on the C&R and the need for a complete record for review.
From the decision · page 4We note that while the parties may stipulate to the facts in controversy, the WCJ is not
bound by the parties' stipulations and may make further inquiry into the matter "to enable it to
determine the matter in controversy." (Lab. Code, § 5702; see also Weatherall, supra, at p. 1119;
Turner Gas Co. v. Workers' Comp. Appeals Bd. (Kinney) (1975) 47 Cal.App.3d 286 [40
Cal.Comp.Cases 253].) However, WCAB Rule 10835 provides that no finding shall be made
contrary to a stipulation of the parties without giving the parties notice and an opportunity to be
heard. (Cal. Code Regs., tit. 8, § 10835.)
Burbank Studios v. Workers' Co. Appeals Bd. (Yount) (1982) 134 Cal.App.3d 929
Legal principles governing compromise and release agreements are the same as those governing other contracts, requiring mutual consent and meeting of the minds.
The Board emphasized contract principles apply to C&R agreements and mutual consent is essential.
From the decision · page 4We also observe that contract principles apply to settlements of workers' compensation
disputes, and "[t]he legal principles governing compromise and release agreements are the same
as those governing other contracts." (Burbank Studios v. Workers' Co. Appeals Bd. (Yount) (1982)
134 Cal.App.3d 929, 935 [47 Cal.Comp.Cases 832].) "For a compromise and release agreement
to be effective, the necessary elements of a contract must exist, including an offer of settlement of
a disputed claim by one of the parties, and an acceptance by the other. [Citation.]" (Id.)