Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 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.
The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board.
From the decision · page 2Former 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:
Labor Code section 5803
The appeals board has continuing jurisdiction over all its orders, decisions, and awards and may rescind, alter, or amend any order, decision, or award for good cause.
The Appeals Board may rescind, alter, or amend any order, decision, or award for good cause after notice and opportunity to be heard.
From the decision · page 3II.
"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.)
We observe that contract principles apply to settlements of workers' compensation
disputes. The legal principles governing compromise and release agreements 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].) For a compromise and release agreement to be
effective, the necessary elements of a contract must exist, including an offer of settlement of a
disputed claim by one of the parties and an acceptance by the other. (Id.)
Labor Code section 5702
Stipulations are binding on the parties unless good cause is shown to withdraw from agreements.
The WCJ and WCAB are not bound by stipulations and may inquire into the adequacy of compromise and release agreements.
From the decision · page 4Stipulations are binding on the parties unless, on a showing of good cause, the parties are
given permission to withdraw from their agreements. (Weatherall, supra, at 1121.) To determine
whether there is good cause to rescind awards and stipulations, the circumstances surrounding their
execution and approval must be assessed. (See Labor Code § 5702; Weatherall, supra, 1118-1121;
Robinson, supra, at 790-792; Huston v. Workers' Comp. Appeals Bd. (1979) 95 Cal.App.3d 856,
864-867 [44 Cal.Comp.Cases 798].) Although not an exhaustive list, "good cause" generally
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];
Labor Code section 5001
No release of liability or compromise agreement is valid unless approved by the Appeals Board or WCJ.
Compromise and release agreements require approval by the WCJ or Appeals Board to be valid.
From the decision · page 5We note that while stipulations are encouraged in workers' compensation cases, they are
not binding on the WCJ or the WCAB. (Lab. Code, § 5702; Robinson, supra, at 790; Turner Gas
Co. v. Workmen's Comp. Appeals Bd. (Kinney) (1975) 47 Cal.App.3d 286, 290-291 [40
Cal.Comp.Cases 253].) Section 5001 provides that no release of liability or compromise agreement
is valid unless it is approved by the Appeals Board or WCJ. (Lab. Code, § 5001; Johnson, supra,
at 973.)
California Code of Regulations title 8 section 10700(b)
The WCAB shall inquire into the adequacy of all Compromise and Release agreements and may set the matter for hearing to take evidence when necessary.
The WCJ may make further inquiry to determine the matter in controversy and ensure the settlement is adequate.
From the decision · page 5"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).) The
WCJ may make further inquiry into the matter "to enable it to determine the matter in controversy."
(Lab. Code, § 5702; see also Weatherall, supra, at 1119; Kinney, supra.)