ADJ17765957 · August 22, 2023

The petition was dismissed because the applicant's claims were premature and unsupported by evidence or testimony in the record, and the matter should be considered as a Petition to Set Aside the Stipulations with development of the record.

From the decision · page 4In her Petition for Reconsideration, applicant claims that the settlement was improper because she could not understand it and she also references another injury, and that she should

Applicant filed a Petition for Reconsideration claiming she could not understand the settlement because it was in English and she only speaks Spanish, and referenced another injury.

Favours Defendant prevailed

This claim was unsupported by any evidence or testimony in the record, making the petition premature for reconsideration.

From the decision · page 4In her Petition for Reconsideration, applicant claims that the settlement was improper because she could not understand it and she also references another injury, and that she should

Lab. Code, 5803

The appeals board has continuing jurisdiction and may rescind, alter, or amend any order, decision, or award for good cause (Lab. Code, 5803).

The board reviewed the petition under this statute to determine if good cause existed to reconsider the settlement approval.

From the decision · page 3It is well established that, 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.)

Lab. Code, 5702

Parties may stipulate facts in writing and the appeals board may base findings and awards on such stipulations (Lab. Code, 5702).

The board noted the binding nature of stipulations and the conditions under which they may be withdrawn.

From the decision · page 4Further, Labor Code section 5702 states that, The parties to a controversy may stipulate the facts relative thereto in writing and file such stipulation with the appeals board. The appeals board may thereupon make its findings and award based upon such stipulation, or may set the matter down for hearing and take further testimony or make the further investigation necessary to enable it to determine the matter in controversy. (Lab. Code, § 5702.)

Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151

All parties retain the right to due process and a fair hearing under the California and United States Constitutions (Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151).

The board acknowledged the applicant's right to due process but found no hearing had been held on the claims.

From the decision · page 3Additionally, all parties to a workers' compensation proceeding retain the 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].) A fair hearing is "... one of `the rudiments of fair play' assured to every litigant..." (Id. at p. 158.) As stated by the California Supreme Court in Carstens v. Pillsbury (1916) 172 Cal. 572, "the commission,... must find facts and declare and enforce rights and liabilities, -- in short, it acts as a court, and it must observe the mandate of the constitution of the United States that this

No evidence or testimony under oath admitted regarding applicant's claims of inability to understand settlement and reference to another injury

From the decision · page 5therefore not be bound by the terms of the Stipulations. However, a hearing has not been held on these claims meaning that no evidence or testimony under oath has been admitted into the record regarding these allegations. Accordingly, the matter is premature for reconsideration because the record of proceedings does not allow a determination regarding applicant's claims.