What the panel ordered
Petition for Reconsideration dismissed as premature for lack of evidence; matter returned to trial level for hearing on petition to set aside stipulations with request for award.
Petition for Reconsideration filed by lien claimant CCPOA-Benefit Trust Fund seeking reconsideration of December 18, 2024 Award issued by WCJ, alleging lien was not properly considered.
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.
Petition dismissed as premature due to lack of evidence to support lien claimant's contentions; matter returned to trial level for hearing on petition to set aside stipulations with request for award.
From the decision · page 7For the foregoing reasons, it is recommended that the lien claimant's Petition for Reconsideration of the December 18, 2024, Award be DISMISSED and that this matter be RETURNED to the trial level for further proceedings and a decision by the WCJ from which any aggrieved party can file a new petition for reconsideration.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
No evidence of good cause to set aside stipulations with request for award was admitted into the record.
Favours Defendant prevailed
Without evidence, the Board and WCJ cannot evaluate lien claimant's contentions, making the petition premature.
From the decision · page 6Here, lien claimant seeks to set aside the Stipulations with Request for Award, but no evidence of good cause has been admitted into the record. In the absence of evidence, neither the undersigned nor the WCAB are able to evaluate lien claimant's contentions. The Petition for Reconsideration is therefore premature.2
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
Petition for reconsideration must be acted upon within 60 days of transmission to Appeals Board; service of report constitutes notice of transmission.
Applied to determine timeliness of Board's action on petition.
From the decision · page 1Former Labor Code section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, Labor Code section 5909 was amended to state in relevant part that:
Labor Code section 5803
Appeals Board has continuing jurisdiction to rescind, alter, or amend orders, decisions, and awards for good cause upon notice and hearing.
Applied to assess authority to set aside stipulations with request for award.
From the decision · page 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.
Cal. Code Regs., tit. 8, 10700(6)
Board shall inquire into adequacy of compromise and release agreements and stipulations with request for award and may set matter for hearing to determine approval or disapproval.
Applied to assess adequacy of settlement agreements and need for hearing.
From the decision · page 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.
What proof carried it
The evidence the panel weighed, by kind.
No evidence of good cause to set aside stipulations with request for award was admitted into the record.
From the decision · page 6Here, lien claimant seeks to set aside the Stipulations with Request for Award, but no evidence of good cause has been admitted into the record. In the absence of evidence, neither the undersigned nor the WCAB are able to evaluate lien claimant's contentions. The Petition for Reconsideration is therefore premature.2
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About this page
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