Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, 5313
The appeals board or the workers' compensation judge shall make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties.
Applied to emphasize the need for findings and a record to support the decision on the Petition to Set Aside the C&R.
From the decision · page 5The appeals board or the workers' compensation judge shall, within 30 days
after the case is submitted, make and file findings upon all facts involved in
the controversy and an award, order, or decision stating the determination as to
the rights of the parties. Together with the findings, decision, order or award
there shall be served upon all the parties to the proceedings a summary of the
evidence received and relied upon and the reasons or grounds upon which
the determination was made. (Lab. Code, § 5313.)
Lab. Code, 5803.42
The appeals board has continuing jurisdiction over all its orders, decisions, and awards and may rescind, alter, or amend any order, decision, or award for good cause.
Applied to determine the WCAB's authority to reconsider and set aside the OACR.
From the decision · page 2"The appeals board has continuing jurisdiction over all its orders, decisions, and 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." (Lab. Code, § 5803.42)
Cal. Code Regs., tit. 8, 10700(b)
The Workers' Compensation Appeals Board shall inquire into the adequacy of all Compromise and Release agreements and may set the matter for hearing to take evidence when necessary.
Applied to support the need for a hearing to determine whether the C&R should be approved or set aside.
From the decision · page 3"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(b).)
The Appeals Board's record of proceedings is maintained in the adjudication file and consists of:
the pleadings, minutes of hearing and summary of evidence, transcripts, if prepared and filed,
proofs of service, evidence received in the course of a hearing, exhibits marked but not received
in evidence, notices, petitions, briefs, findings, orders, decisions, and awards, and the arbitrator's
file, if any... Documents that are in the adjudication file but have not been received or offered in
evidence are not part of the record of proceedings. (Cal. Code Regs., tit 8, § 10803.)