Authorities as the decision cited them, with how this panel applied each one.
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The board noted the binding nature of stipulations and the conditions under which they may be withdrawn.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