Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
Petition for reconsideration must be acted upon within 60 days of transmission to Appeals Board; service of report constitutes notice of transmission.
Applied to determine timeliness of Board's action on petition.
From the decision · page 1Former Labor Code 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, Labor Code section 5909 was amended to state in relevant
part that:
Labor Code section 5803
Appeals Board has continuing jurisdiction to rescind, alter, or amend orders, decisions, and awards for good cause upon notice and hearing.
Applied to assess authority to set aside stipulations with request for award.
From the decision · page 5Pursuant to Labor Code section 5803, "The appeals board has continuing jurisdiction over all its
orders, decisions, a11d 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." Further,
the "Workers' Compensation Appeals Board shall inquire into the adequacy of all Compromise and
Release agreements and Stipulations with Request for Award and may set the matter for hearing to
take evidence when necessary to determine whether the agreement should be approved or
disapproved, or issue findings and awards." (Cal. Code Regs., tit 8, § 10700(6).) The legal principles
governing settlement agreements are the same as those governing other contracts. (Burbank Studios
v. Workers' Comp. Appeals Bd.
Cal. Code Regs., tit. 8, 10700(6)
Board shall inquire into adequacy of compromise and release agreements and stipulations with request for award and may set matter for hearing to determine approval or disapproval.
Applied to assess adequacy of settlement agreements and need for hearing.
From the decision · page 5Pursuant to Labor Code section 5803, "The appeals board has continuing jurisdiction over all its
orders, decisions, a11d 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." Further,
the "Workers' Compensation Appeals Board shall inquire into the adequacy of all Compromise and
Release agreements and Stipulations with Request for Award and may set the matter for hearing to
take evidence when necessary to determine whether the agreement should be approved or
disapproved, or issue findings and awards." (Cal. Code Regs., tit 8, § 10700(6).) The legal principles
governing settlement agreements are the same as those governing other contracts. (Burbank Studios
v. Workers' Comp. Appeals Bd.