Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board.
The Board acted within the 60-day period, so the petition was timely.
From the decision · page 5Here, according to Events, the case was transmitted to the Appeals Board on
December 12, 2024, and 60 days from the date of transmission is February 10, 2025. This decision
is issued by or on February 10, 2025, so that we have timely acted on the petition as required by
Labor Code section 5909(a).
Labor Code section 5702
The parties may stipulate facts in writing and the Appeals Board may make findings and awards based on such stipulations or set the matter for hearing to take further evidence.
The Board must ensure the adequacy of settlements and may require hearings to determine if agreements should be approved.
From the decision · page 6II.
We observe that contract principles apply to settlements of workers' compensation
disputes. The legal principles governing compromise and release agreements, and by extension,
stipulations with request for award, are the same as those governing other contracts. (Burbank
Studios v. Workers' Co. Appeals Bd. (Yount) (1982) 134 Cal.App.3d 929, 935 [47 Cal.Comp.Cases
832].) Stipulations between the parties must be interpreted to give effect to the mutual intention
of the parties that existed at the time of contracting, so far as the same is ascertainable and lawful.
(County of San Joaquin v. Workers' Compensation Appeals Bd. (Sepulveda) (2004) 117
Cal.App.4th 1180, 1184 [69 Cal.Comp.Cases 193], citing Civ. Code, § 1636.)
Labor Code section 5702 provides that:
WCAB Rule 10700
The 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.
The Board has a duty to protect injured workers from unknowingly releasing rights and to ensure settlements are adequate.
From the decision · page 7Some of the safeguards are included in WCAB Rule 10700:
(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 section 5803
The Appeals Board has continuing jurisdiction to rescind, alter, or amend any order, decision, or award for good cause including mutual mistake, duress, fraud, undue influence, and procedural irregularities.
The Board may set aside settlements for good cause based on facts and circumstances.
From the decision · page 8III.
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].)
The Stipulations were signed by the parties and the WCJ issued the Award thereon on
October 31, 2024, and applicant has now filed a petition with the Appeals Board in the first
instance. Although applicant filed the petition as one for reconsideration, we treat it as a petition
to set aside the Award; we also note that the petition may be considered as a timely petition to
reopen applicant's case. (Sarabi v. Workers' Comp. Appeals Bd. (2007) 151 Cal.App.4th 920, 925
[72 Cal.Comp.Cases 778]; Rubio v. Workers' Comp. Appeals Bd.