Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5002
A copy of the release or compromise agreement signed by both parties shall be filed with the appeals board, which may enter its award based on the agreement.
The Appeals Board may enter an award based on the filed and approved compromise agreement.
From the decision · page 3A 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.
Labor Code section 5001
No release of liability or compromise agreement is valid unless approved by the appeals board or referee.
The settlement requires approval by the Appeals Board to be valid.
From the decision · page 3A 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.
Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2; Cal. Code Regs., tit. 8, former 10843(a), now 10955(a)
Removal is an extraordinary remedy granted only if significant prejudice or irreparable harm will result if removal is not granted, and reconsideration is not an adequate remedy.
Applicant met this standard by showing time is of the essence and irreparable harm may result if approval is delayed.
From the decision · page 3DISCUSSION
Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v.
Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155];
Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70
Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that
significant prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs.,
tit. 8, former § 10843(a), now § 10955(a) (eff. Jan. 1, 2020); see also Cortez, supra; Kleemann,
supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy
if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, former
§ 10843(a), now § 10955(a) (eff. Jan.
Cal. Code Regs., tit. 8, former 10882, now 10700
The Appeals Board shall inquire into the adequacy of all compromise and release agreements and may set matters for hearing to determine approval.
The Board must ensure the adequacy of the compromise and release agreement before approval.
From the decision · page 4WCAB Rule 10700 states:
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, former § 10882, now § 10700 (eff. Jan. 1, 2020).)