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 the Appeals Board.
The Appeals Board concluded the petition was timely filed and acted upon within the statutory period.
From the decision · page 2(a) A petition for reconsideration is deemed to have been denied by the appeals
board unless it is acted upon within 60 days from the date a trial judge transmits a
case to the appeals board.
Labor Code section 5803
The Appeals Board has continuing jurisdiction to rescind, alter, or amend any order, decision, or award for good cause.
The Board reviewed the applicant's claims under this continuing jurisdiction standard.
From the decision · page 7Pursuant 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."
Labor Code section 5705
The burden of proof rests on the party with the affirmative of the issue, requiring preponderance of the evidence.
Applicant had the burden to prove fraud, duress, or mistake to set aside the settlement.
From the decision · page 8As the moving party, Applicant has the burden of proof to show, by a
preponderance of the evidence, she should be relieved from the settlement
agreement she entered into with Defendant. (See Lab. Code, § 5705 [the burden
of proof rests upon the party with the affirmative of the issue]; see also Lab.
Code, § 3202.5 ["All parties and lien claimants shall meet the evidentiary burden
of proof on all issues by a preponderance of the evidence"].) Applicant seeks to
set aside the Order Approving the Compromise and Release essentially claiming
there.
Labor Code section 3202.5
All parties must meet evidentiary burden by preponderance of the evidence.
Applicant failed to meet evidentiary burden to set aside the settlement.
From the decision · page 8As the moving party, Applicant has the burden of proof to show, by a
preponderance of the evidence, she should be relieved from the settlement
agreement she entered into with Defendant. (See Lab. Code, § 5705 [the burden
of proof rests upon the party with the affirmative of the issue]; see also Lab.
Code, § 3202.5 ["All parties and lien claimants shall meet the evidentiary burden
of proof on all issues by a preponderance of the evidence"].) Applicant seeks to
set aside the Order Approving the Compromise and Release essentially claiming
there.