Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5803
Labor Code section 5803 provides the Appeals Board continuing jurisdiction to rescind, alter, or amend orders for good cause
Petition to set aside OACR must show good cause
From the decision · page 2Pursuant to Labor Code section 5803, "The appeals board has continuing jurisdiction over
all its orders, decisions, and 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."
Cal. Code Regs., tit 8, 10700(b)
Cal. Code Regs., tit 8, 10700(b) requires the WCAB to inquire into adequacy of C&R agreements and may set hearings to determine approval
Governs approval and setting aside of C&R agreements
From the decision · page 2Further, 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).) The
legal principles governing Compromise and Release agreements are the same as those governing
other contracts. (Burbank Studios v. Workers' Comp. Appeals Bd. (1982) 134 Cal.App.3d 929,
935.) For a Compromise and Release agreement to be effective, the necessary elements of a
contract must exist, including an offer of settlement of a disputed claim by one of the parties, and
an acceptance by the other (Id.) There can be no contract unless there is a meeting of the minds
and the parties mutually agree upon the same thing. (Civ. Code, § 1550, 1565, 1580; Sackett v.
Starr (1949) 95 Cal.App.2d 128; Sieck v. Hall (1934) 139 Cal.App.279, 291; American Can Co.
v. Agricultural Ins. Co. (1909) 12 Cal.App. 133, 137.)
Good cause to set aside a C&R includes fraud, duress, mistake, invalidity, incompetency, minority
Good cause must be shown to set aside agreement
From the decision · page 3Once it is determined that an agreement is final, the party seeking to set aside the agreement
must make a showing of good cause. Good cause includes fraud, duress, undue influence, mutual
mistake of fact, mistake of law, invalidity of execution, incompetency, or minority at the time of
execution of the agreement. (See California Workers' Compensation Law (Cont. Ed. Bar 4th Ed.)
§ 16.61 et seq.; see also Argonaut Ins. Exch. v. Industrial Acc. Com. (1958) 49 Cal.2d 706 [23
Cal.Comp.Cases 34]; Smith v. Workers' Comp. Appeals Bd. (1985) 168 Cal.App.3d 1160 [50
Cal.Comp.Cases 311]; Carmichael v. Industrial Acc. Com. (1965) 234 Cal.App.2d 311 [30
Cal.Comp.Cases 169]; Silva v. Industrial Acc. Com. (1924) 68 Cal. App. 510 [11 IAC 266]; City
of Beverly Hills v. Workers' Comp. Appeals Bd. (1997) 62 Cal.Comp.Cases 1691 (writ den.);
Bullocks, Inc. v. Industrial Acc. Com. (1951) 16 Cal.Comp.Cases 253 (writ den.); Pac. Indem. Co.
v. Industrial Acc. Com. (1946) 11 Cal.Comp.Cases 117 (writ den.).) Whether good cause exists is
case specific. The circumstances surrounding the execution and approval of the agreement must
be assessed. (See § 5702; Weatherall, supra, 77 Cal.App.4th at pp. 1118-1121; Robinson v.
Workers' Comp. Appeals Bd. (1987) 199 Cal.App.3d 784, 790-792 [52 Cal.Comp.Cases 419];
Huston v. Workers' Comp. Appeals Bd. (1979) 95 Cal.App.3d 856, 864-867 [44 Cal.Comp.Cases
798].)