Authorities as the decision cited them, with how this panel applied each one.
Labor Code 5909
Labor Code 5909
The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board; service of the Report and Recommendation constitutes notice of transmission.
From the decision · page 2I.
Former Labor Code1 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, section 5909 was amended to state in relevant part that:
(a) A petition for reconsideration is deemed to have been denied by the appeals
board unless it is acted upon within 60 days from the date a trial judge transmits a
case to the appeals board.
Cal. Code Regs., tit. 8, 10700
Cal. Code Regs., tit. 8, 10700
The WCAB 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.
From the decision · page 4(a) When filing a Compromise and Release or a Stipulations with Request for
Award, the filing party shall file all agreed medical evaluator reports, qualified
medical evaluator reports, treating physician reports, and any other that are
relevant to a determination of the adequacy of the Compromise and Release or
Stipulations with Request for Award that have not been filed previously.
Labor Code 5803
Labor Code 5803
The Appeals Board has continuing jurisdiction to rescind, alter, or amend any order, decision, or award; good cause to set aside a settlement includes mutual mistake, duress, fraud, undue influence, and procedural irregularities.
From the decision · page 5III.
Additionally, the Appeals Board has continuing jurisdiction to "rescind, alter, or amend
any order, decision, or award." (Lab. Code, § 5803.) Whether "good cause" exists to set aside a
settlement depends upon the facts and circumstances of each case. "Good cause" includes mutual
mistake of fact, duress, fraud, undue influence, and procedural irregularities. (Johnson v.
Workmen's Comp. Appeals Bd. (1970) 2 Cal. 3d 964, 975 [35 Cal. Comp. Cases 362]; Santa Maria
Bonita School District v. Workers' Comp. Appeals Bd. (Recinos) (2002) 67 Cal.Comp.Cases 848,
850 (writ den.); City of Beverly Hills v. Workers' Comp. Appeals Bd. (Dowdle) (1997) 62
Cal.Comp.Cases 1691, 1692 (writ den.); Smith v. Workers' Comp. Appeals Bd. (1985) 168
Cal.App.3d 1160, 1170 [50 Cal. Comp. Cases 311].) Duress requires "evidence that the aggrieved
party was subjected to threats or coercion that would have induced sufficient fear to compel the
party to act in a manner in which he or she would not have normally acted." (Beverly Hills Center
for Arthroscopic and Outpatient Surgery, LLC v. Workers' Comp. Appeals Bd.