What the panel ordered
Reconsideration granted; the October 13, 2025 Order Approving Compromise and Release is rescinded; the matter is returned to the trial level for further proceedings by the WCJ.
Defendant sought reconsideration of the October 13, 2025 Order Approving Compromise and Release, which the WCJ had approved, but the petition was initially recommended to be dismissed as premature. The parties later filed a joint stipulation to rescind and set aside the order, leading to reconsideration and remand for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The parties stipulated that the Compromise and Release agreement was not enforceable and void because the applicant died before defendant signed it, providing good cause to set aside the order approving the C&R.
From the decision · page 4Following the submission of the WCJ's Report on November 7, 2025, the parties filed a Joint Stipulation on November 12, 2025 stating:
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant died on October 9, 2025, before defendant signed the Compromise and Release agreement on October 10, 2025.
Favours Applicant prevailed
This fact rendered the C&R agreement void and unenforceable, justifying rescission of the Order Approving C&R.
From the decision · page 4Following the submission of the WCJ's Report on November 7, 2025, the parties filed a Joint Stipulation on November 12, 2025 stating:
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5702
Labor Code section 5702 allows parties to stipulate facts and the WCAB to make findings or set matters for further hearing.
The WCAB exercised discretion under section 5702 to approve the joint stipulation to rescind and set aside the Order Approving C&R.
From the decision · page 4Here, while we agree with the WCJ's analysis as set forth in the report, we observe that subsequent filing of the Joint Stipulation signed by the parties to the C&R agreement establishes good cause to set aside the Order Approving C&R. Accordingly, and following our review of the complete record, we exercise our discretion under section 5702 to approve the November 12, 2025 Joint Stipulation.
Labor Code section 5909
Labor Code section 5909 requires the Appeals Board to act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board.
The Appeals Board found the petition timely and the parties properly notified of transmission and commencement of the 60-day period.
From the decision · page 2Former Labor Code1 section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:
What proof carried it
The evidence the panel weighed, by kind.
Joint Stipulation signed by parties stating the C&R agreement is void because applicant died before defendant signed it.
From the decision · page 4Following the submission of the WCJ's Report on November 7, 2025, the parties filed a Joint Stipulation on November 12, 2025 stating:
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