Authorities as the decision cited them, with how this panel applied each one.
Lab. Code § 5909
A petition for reconsideration is deemed denied unless acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
Explained the 60-day period for acting on petitions for reconsideration and notice requirements.
From the decision · page 2I.
Preliminarily, former Labor Code section1 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, section 5909 was amended to state in relevant
part that:
(a) A petition for reconsideration is deemed to have been denied by the appeals
Lab. Code § 5803
The Appeals Board has continuing jurisdiction to rescind, alter, or amend any order, decision, or award, good cause appearing therefor.
Explained the Board's power to set aside or amend orders and the need for good cause.
From the decision · page 3II.
We note that pursuant to section 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 Workers' Compensation Appeals Board shall [also] 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).) This
inquiry should carry out the legislative objective of safeguarding the injured worker from entering
into unfortunate or improvident releases as a result of, for instance, economic pressure or lack of
Cal. Code Regs., tit. 8, § 10700(b)
The Board must inquire into the adequacy of all Compromise and Release agreements and may set the matter for hearing to take evidence.
Explained the Board's duty to safeguard injured workers from improvident releases.
From the decision · page 3II.
We note that pursuant to section 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 Workers' Compensation Appeals Board shall [also] 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).) This
inquiry should carry out the legislative objective of safeguarding the injured worker from entering
into unfortunate or improvident releases as a result of, for instance, economic pressure or lack of
Lab. Code § 5705; Lab. Code § 3202.5
The moving party has the burden of proof to show, by a preponderance of the evidence, that relief from the settlement agreement is warranted.
Applicant must prove entitlement to relief from settlement by preponderance of evidence.
From the decision · page 5As the moving party, applicant has the burden of proof to show, by a preponderance of the
evidence, he should be relieved from the settlement agreement that was entered into with
defendant. (See Lab. Code, § 5705 [the burden of proof rests upon the party with the affirmative
of the issue]; see also Lab. Code, § 3202.5 ["All parties and lien claimants shall meet the
evidentiary burden of proof on all issues by a preponderance of the evidence"].)