What the panel ordered
Petition for Reconsideration dismissed as premature; matter returned to WCJ for further proceedings treating Petition as one to set aside Award
Petition for Reconsideration filed by Defendant seeking rescission of Award based on alleged erroneous commutation calculations; WCJ issued Award approving stipulated settlement; WCJ issued Report and Recommendation on Petition for Reconsideration recommending denial or treatment as Petition to set aside Award; WCAB dismisses Petition as premature and returns matter to WCJ for further proceedings
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Petition for Reconsideration was dismissed as premature because the WCJ had not yet considered the Petition as a Petition to set aside the Award, and the WCAB returned the matter to the WCJ for further proceedings to develop the record and issue a decision on the Petition to set aside.
From the decision · page 1Defendant seeks reconsideration of an Award, issued by the workers' compensation administrative law judge (WCJ) on May 30, 2023 wherein the WCJ approved a stipulated settlement agreement. Defendant contends that the Award should be rescinded because it is based on commutation calculations that were incorrect and both parties relied on the erroneous calculations. We have not received an answer from applicant.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The Petition for Reconsideration was based on alleged erroneous commutation calculations in the stipulated settlement agreement approved by the WCJ.
Favours Defendant prevailed
This was the basis for the Defendant's request to rescind the Award, which the WCAB found premature to decide without further proceedings.
From the decision · page 1Defendant seeks reconsideration of an Award, issued by the workers' compensation administrative law judge (WCJ) on May 30, 2023 wherein the WCJ approved a stipulated settlement agreement. Defendant contends that the Award should be rescinded because it is based on commutation calculations that were incorrect and both parties relied on the erroneous calculations. We have not received an answer from applicant.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, 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 after notice and hearing.
Applied to determine the ability to rescind or amend the Award based on good cause.
From the decision · page 1"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.)1
Lab. Code, 5702; Cal. Code Regs., tit. 8, 10700(b)
The WCJ is not bound by parties' stipulations and may inquire further to determine the matter in controversy; the WCAB shall inquire into the adequacy of compromise and release agreements and stipulations with request for award, and may set hearings to take evidence as necessary.
Applied to support the WCJ's authority to further inquire and develop the record on the Petition to set aside the Award.
From the decision · page 2We note that while the parties may stipulate to the facts in controversy, the WCJ is not bound by the parties' stipulations and 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; Turner Gas Co. v. Workers' Comp. Appeals Bd. (Kinney) (1975) 47 Cal.App.3d 286 [40
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About this page
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