ADJ19771743 · October 27, 2025

The Petition for Reconsideration was dismissed as premature because no evidence of good cause to set aside the Stipulation and Award had been admitted into the record; the matter was remanded for a hearing to develop the record.

From the decision · page 5Accordingly, we will dismiss the Petition for Reconsideration and return this matter to this trial level. Upon return, we recommend that the WCJ treat the Petition as a petition to set aside the Stipulation and set a hearing as there is currently no evidence admitted into the record regarding defendant's contentions. At the hearing, the parties will have an opportunity to create a record, raise all relevant issues, and submit evidence upon which a decision can be made by the WCJ. After the WCJ issues a decision, either party may then timely seek reconsideration of that decision.

No evidence of good cause to set aside the Stipulation and Award was admitted into the record.

Favours neutral

Without evidence, the Board could not evaluate defendant's contentions and found the petition premature.

From the decision · page 4Here, as the moving party, defendant has the burden of proof to show, by a preponderance of the evidence, they should be relieved from the Stipulation entered into with applicant. (See Lab. Code, § 5705 [the burden of proof rests upon the party with the affirmative of the issue]; see also Lab. Code, § 3202.5 ["All parties and lien claimants shall meet the evidentiary burden of proof on all issues by a preponderance of the evidence"].) Defendant seeks to set aside the Stipulation, but no evidence of good cause has been admitted into the record. In the absence of evidence, we are unable to evaluate defendant's contentions and the Petition is premature.

Lab. Code, § 5909

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; service of the accompanying report constitutes notice.

The Board acted within 60 days of transmission, so the petition was timely considered.

From the decision · page 2Former Labor Code section 59091 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:

Lab. Code, § 5803; County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App.4th 1114; Lab. Code, § 5705

The party seeking to set aside a stipulation must show good cause, such as fraud, duress, mistake, etc.; the burden of proof is on the moving party.

Defendant must show good cause to set aside the Stipulation and Award; no evidence was admitted, so the petition was premature.

From the decision · page 3Appeals Bd. (Weatherall) (2000) 77 Cal.App.4th 1114, 1121 [65 Cal.Comp.Cases 1].) As defined in Weatherall, "A stipulation is `An agreement between opposing counsel... ordinarily entered into for the purpose of avoiding delay, trouble, or expense in the conduct of the action,' (Ballentine, Law Dict. (1930) p. 1235, col. 2) and serves `to obviate need for proof or to narrow range of litigable issues' (Black's Law Dict. (6th ed. 1990) p. 1415, col. 1) in a legal proceeding." (Weatherall, supra, at 1118.) Once it is determined that an agreement is final, the party seeking to set aside the agreement must make a showing of good cause. Good cause includes fraud, duress, undue influence, mutual mistake of fact, mistake of law, invalidity of execution, incompetency, or minority at the time of execution of the agreement. (See California Workers' Compensation Law (Cont. Ed. Bar 4th Ed.)

No evidence of good cause to set aside the Stipulation and Award was admitted into the record, so the Petition for Reconsideration was deemed premature.

From the decision · page 4Here, as the moving party, defendant has the burden of proof to show, by a preponderance of the evidence, they should be relieved from the Stipulation entered into with applicant. (See Lab. Code, § 5705 [the burden of proof rests upon the party with the affirmative of the issue]; see also Lab. Code, § 3202.5 ["All parties and lien claimants shall meet the evidentiary burden of proof on all issues by a preponderance of the evidence"].) Defendant seeks to set aside the Stipulation, but no evidence of good cause has been admitted into the record. In the absence of evidence, we are unable to evaluate defendant's contentions and the Petition is premature.