Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 12. Settlements
The regulation, as printed
(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. (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. (c) Agreements that provide for the payment of less than the full amount of compensation due or to become due and undertake to release the employer from all future liability will be approved only where it appears that a reasonable doubt exists as to the rights of the parties or that approval is in the best interest of the parties.
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4646, 5001, 5100.6, 5002 and 5702, Labor Code.
1. Repealer of article 10 heading, new article 12 heading and new section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10700, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ14257977 · 2026-06-09 · Marina del Rey District Office8 CCR § 10700
Determinative passage · p.4II. "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, 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.) 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.) There can be no contract unless there is a meeting of the minds and the parties mutually agree upon the same thing. (Civ. Code, § 1550, 1565, 1580; Sackett v. Starr (1949) 95 Cal.App.2d 128; Sieck v. Hall (1934) 139 Cal.App. 279, 291; American Can Co. v. Agricultural Ins. Co. (1909) 12 Cal.App.
Applied to determine timeliness of the petition and the need for a record regarding applicant's understanding of the C&R.
Official decision · page 4 → - ADJ11183362 · 2026-05-22 · Lodi District Office8 CCR § 10700
Determinative passage · p.4Further, "[t]he 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 Board observed no evidence of an adequacy hearing prior to approval of the C&R, which is required to protect the injured worker.
Official decision · page 4 → - ADJ18122323 · 2026-04-06 · Van Nuys District Office8 CCR § 10700
Determinative passage · p.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).) 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 competent advice. (Claxton v. Waters (2004) 34 Cal.4th 367, 373 [69 Cal.Comp.Cases 895]; Sumner v. Workers' Comp. Appeals Bd. (1983) 33 Cal.3d 965, 972-973.) The worker's knowledge of and intent to release particular benefits must be established separately from the standard release language of the form. (Claxton, supra, 34 Cal.4th at p. 373.)
The Board noted the regulatory mandate for inquiry into settlement adequacy to protect injured workers.
Official decision · page 5 → - ADJ20307046 · 2025-04-01 · Pomona District Office8 CCR § 10700
Determinative passage · p.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.)
The WCJ may make further inquiry to determine the matter in controversy and ensure the settlement is adequate.
Official decision · page 5 → - ADJ10330860 · 2025-02-24 · Sacramento District Office8 CCR § 10700
Determinative passage · p.5Pursuant to Labor Code section 5803, "The appeals board has continuing jurisdiction over all its orders, decisions, a11d 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." Further, 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(6).) The legal principles governing settlement agreements are the same as those governing other contracts. (Burbank Studios v. Workers' Comp. Appeals Bd.
Applied to assess adequacy of settlement agreements and need for hearing.
Official decision · page 5 → - ADJ19974681 · 2025-02-13 · Riverside District Office8 CCR § 10700
Determinative passage · p.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.
The Board has a duty to protect injured workers from unknowingly releasing rights and to ensure settlements are adequate.
Official decision · page 7 → - ADJ10411402 · 2025-01-03 · Sacramento District Office8 CCR § 10700
Determinative passage · p.1"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 Appeals Board shall inquire into the adequacy of all Compromise and Release agreements and may set the matter for hearing to determine approval or disapproval.
Official decision · page 1 → - ADJ1993825 · 2024-12-13 · Van Nuys District Office8 CCR § 10700
Determinative passage · p.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.
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.
Official decision · page 4 →
Rules beside this one
Article 12. Settlements — regulations rarely stand alone, and the answer is often two sections away.