ADJ14257977 · June 9, 2026

The petition was dismissed as premature because the WCJ had not yet created a record regarding applicant's understanding of the settlement; the matter was returned to the WCJ for further proceedings.

From the decision · page 6Accordingly, we dismiss applicant's Petition for Reconsideration as premature and return the matter to the WCJ for further proceedings consistent with this opinion. Upon return of this matter to the trial level, we recommend that the WCJ treat the Petition as a petition to set aside and create a record.

No hearing was held and the WCJ had not assessed applicant's understanding of the settlement or intent to release future medical care.

Favours neutral

Without a record of applicant's understanding, the Board could not determine if there was mutual assent to the C&R, requiring further proceedings at the trial level.

From the decision · page 6Because no hearing has been held, the WCJ has not had the opportunity to assess applicant's understanding of the proposed settlement agreement and applicant's knowledge of and intent to release her right to benefits was not adequately established. Applicant's allegations in her Petition suggest that applicant may require future medical care and that applicant did not understand "future medical care" to refer to care following completion of the impending surgery. Once the WCJ has created a record, including testimony by applicant and relevant medical evidence, the WCJ can consider whether the basic elements of a contract were present when the parties signed the C&R and whether the contract should be set aside (Weatherall, supra, 77 Cal.App.4th at p. 1119).

Lab. Code, §§ 5909, 5803, 5001; Cal. Code Regs., tit. 8, §§ 10700(b), 10945(c)(2); relevant case law.

A petition for reconsideration is deemed denied unless acted upon within 60 days from the date a trial judge transmits a case to the appeals board; settlements require mutual assent and understanding by the applicant; the WCJ must inquire into adequacy of C&R agreements.

Applied to determine timeliness of the petition and the need for a record regarding applicant's understanding of the C&R.

From the decision · page 4II. "The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of [Division 4]... At any time, upon notice and after the opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order. decision, or award, good cause appearing therefor." (Lab. Code, § 5803.) We observe that contract principles apply to settlements of workers' compensation disputes. The legal principles governing compromise and release agreements, and by extension, stipulations with request for award, are the same as those governing other contracts. (Burbank Studios v. Workers' Co. Appeals Bd. (Yount) (1982) 134 Cal.App.3d 929, 935.) 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. (Id.) There can be no contract unless there is a meeting of the minds and the parties mutually agree upon the same thing. (Civ. Code, § 1550, 1565, 1580; Sackett v. Starr (1949) 95 Cal.App.2d 128; Sieck v. Hall (1934) 139 Cal.App. 279, 291; American Can Co. v. Agricultural Ins. Co. (1909) 12 Cal.App.