ADJ13612567 — California WCAB decision

What the panel ordered

The Findings of Fact and Order issued by the WCJ on May 10, 2023 were rescinded. The Compromise and Release agreement filed on November 9, 2023 was approved, including the attorneys' fee requested.

Applicant timely petitioned for reconsideration of the Findings of Fact and Order issued by the workers' compensation administrative law judge (WCJ) on May 10, 2023. We granted reconsideration to study the factual and legal issues presented.

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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.

Other disputed issueApplicant prevailed

The Board concluded the settlement amount is adequate and in the applicant's best interest, and the attorneys' fee requested is reasonable.

From the decision · page 2applicant of further litigation, we conclude that the settlement amount is adequate and that the agreement is in applicant's best interest.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The settlement amount is adequate and the agreement is in applicant's best interest.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code section 5001

No release of liability or compromise agreement is valid unless approved by the appeals board.

From the decision · page 1Labor Code section 5001 states in pertinent part that "[n]o release of liability or compromise agreement is valid unless it is approved by appeals board or referee." WCAB Rule 10700(b) states that:

Labor Code section 5002

Upon filing with and approval by the appeals board, the award based on the release or compromise agreement may be entered without notice.

From the decision · page 2Labor Code section 5002 states that: "A copy of the release or compromise agreement signed by both parties shall forthwith be filed with the appeals board. Upon filing with and approval by the appeals board, it may, without notice, of its own motion or on the application of either party, enter its award based upon the release or compromise agreement."

Labor Code section 5003

Sets forth requirements for form and contents of the agreement.

From the decision · page 2(See Lab. Code § 5003 [setting forth requirements for form and contents of the agreement].) After considering the Compromise and Release in light of the entire record and the risks to

Cal. Code Regs., tit. 8, 10700(b)

The Board shall inquire into the adequacy of all Compromise and Release agreements and may set the matter for hearing to determine whether the agreement should be approved or disapproved.

From the decision · page 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).)

ADJ13612567 · November 9, 2023

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

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