What the panel ordered
The Petition for Reconsideration is dismissed as premature. The matter is returned to the trial level for further proceedings and decision by the WCJ.
Defendant filed a Petition for Reconsideration or alternatively a Petition to Set Aside the Compromise and Release (C&R) after the WCJ approved the C&R on July 21, 2022. The WCJ issued a Report and Recommendation to deny the Petition. The WCAB dismissed the Petition as premature and returned the matter to the WCJ for further proceedings treating the Petition as one to set aside the OACR.
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.
The WCAB found the Petition premature because the defendant had not yet had a hearing to present evidence to support setting aside the C&R, so the matter was returned to the WCJ for further proceedings.
From the decision · page 1Defendant seeks reconsideration of the Order Approving Compromise and Release (OACR) issued by the workers' compensation administrative law judge (WCJ) on July 21, 2022. In the alternative, defendant requests that the Petition be treated as a Petition to Set Aside the Compromise and Release (C&R).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The defendant filed a Petition for Reconsideration or to Set Aside the Compromise and Release after the WCJ approved the C&R on July 21, 2022.
Favours Defendant prevailed
This fact triggered the reconsideration process and the need for a hearing to present evidence supporting the petition.
From the decision · page 1Defendant seeks reconsideration of the Order Approving Compromise and Release (OACR) issued by the workers' compensation administrative law judge (WCJ) on July 21, 2022. In the alternative, defendant requests that the Petition be treated as a Petition to Set Aside the Compromise and Release (C&R).
The WCAB found the Petition premature because the defendant had not yet had a hearing to present evidence to support setting aside the C&R.
Favours Defendant prevailed
This fact led to dismissal of the Petition and return of the matter to the WCJ for further proceedings.
From the decision · page 1We have not received an answer from applicant. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that the Petition be denied. We have considered the allegations in the Petition and the contents of the Report with respect thereto. Based on our review of the record, and for the reasons discussed below, we will dismiss the Petition as premature and return this matter to the trial level for consideration of the Petition as one to set aside the OACR.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, 5803
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.
The WCAB applied this statute to confirm its jurisdiction to rescind or amend orders such as 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.) "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).)
Cal. Code Regs., tit. 8, 10700(b)
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.
The WCAB cited this regulation to support its authority to inquire into and set hearings on C&R agreements.
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.) "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).)
Lab. Code, 5502; Lab. Code, 5313; Cal. Code Regs., tit. 8, 10761
A WCJ is required to 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, and serve a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made.
The WCAB emphasized the requirement for the WCJ to make findings and provide a summary of evidence and reasons to enable meaningful reconsideration.
From the decision · page 2A WCJ is required to "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
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