ADJ1565410 — California WCAB decision

What the panel ordered

The Findings of Fact and Order issued by the WCJ on February 10, 2022 were rescinded. The Compromise and Release agreement filed on July 26, 2022 was approved, including the attorneys' fee requested.

Applicant timely petitioned for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) on February 10, 2022. Reconsideration was granted to study the factual and legal issues presented.

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold September 16, 2021.

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.

Other disputed issueApplicant prevailed

The Board concluded the settlement amount was adequate and in the applicant's best interest, and the attorneys' fee requested was reasonable.

From the decision · page 1Labor Code section 5001 states in pertinent part that "[n]o release of liability or compromise agreement is valid unless it is approved by appeals board or referee." WCAB Rule 10700(b) states that:

The facts that decided it

The rules the panel named

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

Labor Code section 5001

No release of liability or compromise agreement is valid unless approved by the appeals board.

The Board reviewed the Compromise and Release agreement for adequacy and best interest of the applicant.

From the decision · page 1Labor Code section 5001 states in pertinent part that "[n]o release of liability or compromise agreement is valid unless it is approved by appeals board or referee." WCAB Rule 10700(b) states that:

Labor Code section 5002

A copy of the release or compromise agreement signed by both parties shall be filed with the appeals board, which may enter its award based on the agreement.

The Board approved the Compromise and Release agreement filed on July 26, 2022.

From the decision · page 2Labor Code section 5002 states that: "A copy of the release or compromise agreement signed by both parties shall forthwith be filed with the appeals board. Upon filing with and approval by the appeals board, it may, without notice, of its own motion or on the application of either party, enter its award based upon the release or compromise agreement."

Labor Code section 5003

Requirements for form and contents of the agreement must be met.

The Board considered the Compromise and Release in light of the entire record and risks of further litigation.

From the decision · page 2(See Lab. Code § 5003 [setting forth requirements for form and contents of the agreement].) After considering the Compromise and Release in light of the entire record and the risks to

Cal. Code Regs., tit. 8, 10700(b)

The Appeals Board shall inquire into the adequacy of all Compromise and Release agreements and may set the matter for hearing to determine approval or disapproval.

The Board reviewed the Compromise and Release agreement for adequacy and best interest of the applicant.

From the decision · page 1"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).)

ADJ1565410 · July 29, 2022

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

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