ADJ7688671 — California WCAB decision

ADJ7688671 · April 14, 2025

The WCJ's Findings and Order is rescinded and substituted with new Findings deferring the issue of serious and willful violation under Labor Code section 4553, and the matter is returned to the WCJ for further proceedings.

Issues decided

Medical opinions weighed

Authorities named

District office

Van Nuys

What the panel ordered

Petitions for reconsideration of the WCJ Findings and Order issued August 16, 2019, were granted and the matter was reconsidered by the WCAB panel.

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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.

Serious and willful misconductDeferred

The WCAB has exclusive jurisdiction to adjudicate claims under section 4553, and the civil settlement did not settle the claim for increased compensation under section 4553. The issue of whether defendant's conduct constituted a serious and willful violation is deferred for further proceedings.

From the decision · page 13FINDINGS OF FACT 1. The WCAB has exclusive jurisdiction to adjudicate claims under Labor Code section 4553.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The civil settlement explicitly excluded workers' compensation claims.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

California Constitution Article XIV Section 4; Labor Code section 5300

The WCAB has exclusive jurisdiction to adjudicate workers' compensation disputes pursuant to the California Constitution and Labor Code section 5300.

The WCAB retains jurisdiction to adjudicate disputes related to applicant's workers' compensation claims, including increased compensation claims under section 4553.

From the decision · page 6I. The question of jurisdiction was not an issue framed for trial, however, as the WCJ raised it, we will begin with the issue of jurisdiction. The Appeals Board has exclusive jurisdiction to adjudicate workers' compensation disputes pursuant to the California Constitution and section 5300. (Cal. Const. Art. XIV, § 4; Lab. Code, § 5300.) Article XIV, Section 4, of the California Constitution, provides in pertinent part that:

Labor Code section 5001

No release of liability or compromise agreement is valid unless approved by the WCJ under Labor Code section 5001.

The civil settlement was not approved by the WCJ and thus did not settle the claim for increased compensation under section 4553.

From the decision · page 8Pursuant to section 5001, no release of liability or compromise agreement is valid unless it is approved by the WCJ. (Lab. Code, § 5001.) Where the parties seek to settle both a civil action and a related worker's compensation claim at a superior court settlement conference, the civil settlement must be conditional upon WCAB approval. (Steller v. Sears, Roebuck & Co. (2010) 189 Cal. App. 4th 175, 181 [75 Cal.Comp.Cases 1146].)

The legal principles governing compromise and release agreements apply to workers' compensation settlements.

The civil release explicitly excluded workers' compensation claims, so it did not settle the claim for increased compensation under section 4553.

From the decision · page 9The parties' intention should be ascertained, if possible, from the writing alone and, if an absurdity is not involved, the clear language of the contract governs its interpretation. (Civ. Code, § 1636, 1638, 1639; TRB Investments, Inc. v. Fireman's Fund Ins. Co. (2006) 40 Cal.4th 19, 27; County of San Joaquin v. Workers' Compensation Appeals Bd. (Sepulveda) (2004) 117 Cal.App.4th 1180, 1184 [69 Cal.Comp.Cases 193].)

ADJ7688671 · April 14, 2025

What the panel ordered

What was disputed, and how it came out

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The rules the panel named

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