What the panel ordered
Findings and Award of February 18, 2020, rescinded; Compromise and Release filed June 2, 2021, approved.
Petition for reconsideration granted to study factual and legal issues; decision after reconsideration issued.
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 Appeals Board found the settlement amount adequate and in the best interest of the applicant, and the attorneys' fee reasonable.
From the decision · page 2After considering the compromise and release in light of the entire record, we conclude that the settlement amount is adequate and that the agreement is in the best interest of applicant.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Favours Applicant prevailed
The Appeals Board found the settlement amount adequate and in the best interest of the applicant, leading to approval of the agreement.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
California Labor Code
Labor Code section 5001
No release of liability or compromise agreement is valid unless approved by the Appeals Board.
From the decision · page 2III. Labor 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 states that:
California Code of Regulations, title 8, section 10700
WCAB Rule 10700
The Appeals Board shall inquire into the adequacy of all compromise and release agreements and may set the matter for hearing to determine approval.
From the decision · page 2"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.)
California Labor Code
Labor Code section 5002
A copy of the release or compromise agreement signed by both parties shall be filed with the Appeals Board and upon approval, the Board may enter its award based on the agreement.
From the decision · page 2"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."
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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