ADJ11339093 — California WCAB decision

What the panel ordered

Findings of Fact and Order issued by the WCJ on January 2, 2024 were rescinded; Compromise and Release agreement was approved.

Defendant petitioned for reconsideration of the Findings of Fact and Order issued by the WCJ on January 2, 2024; reconsideration was granted to study factual and legal issues.

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold March 29, 2024.

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 was adequate and in applicant's best interest, and the attorneys' fee was reasonable.

From the decision · page 2After considering the Compromise and Release in light of the entire record and the risks to applicant 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 rules the panel named

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

Labor Code

Labor Code section 5003

Sets forth requirements for form and contents of the agreement.

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. (See Lab. Code § 5003 [setting forth requirements for form and contents of the agreement].)

California Code of Regulations

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 approval or disapproval.

From the decision · page 1The 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).)

Labor Code

Labor Code section 5001

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

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

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 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. (See Lab. Code § 5003 [setting forth requirements for form and contents of the agreement].)

ADJ11339093 · May 30, 2024

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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