Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5702
Labor Code section 5702
The Appeals Board may make findings and award based on stipulations only if the parties agree; otherwise, further hearing is required.
From the decision · page 5Labor 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.
Civil Code sections 1550, 1565, 1580
Mutual consent and meeting of the minds required for contract validity
No contract exists without mutual consent and meeting of the minds, thus no valid stipulation or award.
From the decision · page 4(Yount) (1982) 134 Cal.App.3d 929, 935 [47 Cal.Comp.Cases
832].) For a settlement 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.) The essential elements of contract include the mutual consent of the parties and 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, 133;
Sieck v. Hall (1934) 139 Cal.App. 279, 291; American Can Co. v. Agricultural Ins. Co. (1909) 12
Cal.App. 133, 137.)
Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151
Due process requires notice and meaningful opportunity to present evidence
Approving unsigned stipulations without defendant's agreement violates due process rights.
From the decision · page 5All 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].)
"Due process requires notice and a meaningful opportunity to present evidence in regards to the
issues." (Rea v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 625, 643 [70
Cal.Comp.Cases 312]; see also Fortich v. Workers' Comp. Appeals Bd. (1991) 233 Cal.App.3d
1449, 1452-1454 [56 Cal.Comp.Cases 537].) A fair hearing includes, but is not limited to, the
opportunity to call and cross-examine witnesses; introduce and inspect exhibits; and to offer
evidence in rebuttal. (See Gangwish v. Workers' Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284,
1295 [66 Cal.Comp.Cases 584]; Rucker, supra, at pp. 157-158 citing Kaiser Co. v. Industrial Acci.
Com. (Baskin) (1952) 109 Cal.App.2d 54, 58 [17 Cal.Comp.Cases 21]; Katzin v. Workers' Comp.
Appeals Bd. (1992) 5 Cal.App.4th 703, 710 [57 Cal.Comp.Cases 230].)