Cal. Code Regs., tit. 8, 10700(b)
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.
The Board has discretion to reject factual stipulations but not to reject a stipulation clarifying issues absent good cause.
From the decision · page 6"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); Lab.
Code § 5702.) "Agreements that provide for the payment of less than the full amount of
Beverly Hills Multispecialty Group, Inc. v. Workers' Comp. Appeals Bd. (1994) 26 Cal.App.4th 789
A lien claimant has a due process right to participate in a workers' compensation hearing, must be served with notice of all hearings, and must be informed of the scope and purpose of any hearing that may affect its rights or liabilities.
Denial of lien claim without opportunity for fair hearing is reversible per se.
From the decision · page 7WCAB Rule 10702 requires that if a lien claim is on file with the WCAB, and Stipulations
with Request for Award are filed, a copy of the stipulations "shall be served... on the lien
claimant." (Cal. Code Regs., tit. 8, § 10702.) The Rule requires, further, that "[n]o lien claim shall
be disallowed or reduced unless the lien claimant has been given notice and an opportunity to be
heard." (Ibid.) A lien claimant has a due process right to participate in a workers' compensation
hearing, must be served with notice of all hearings, and must be informed of the scope and purpose
of any hearing that may affect its rights or liabilities. (Beverly Hills Multispecialty Group, Inc. v.
Workers' Comp. Appeals Bd. (1994) 26 Cal.App.4th 789, 803, 805-806 [59 Cal.Comp.Cases 461].)
A lien claimant must be permitted to present relevant evidence, inspect documents, cross-examine
witnesses, and make reasonable objections. (Id., at p. 804.) The denial of a lien claim without the
lien claimant having been provided with an opportunity for a fair hearing is reversible per se. (Id.,
at p. 806.) When a lien claim cannot be resolved in a stipulation, the stipulation should indicate
that the WCAB reserved jurisdiction to resolve the lien claim at a later date.