Approval of Settlements. 8 CCR § 10700

What panels did with this rule

Released decisions that named § 10700, with the passage each turned on. A panel decision persuades; it does not bind.

• ADJ19086907 · 2026-09-14 · Marina Del Rey District Office8 CCR § 10700

  Determinative passage · p.6Accordingly, and to observe due process for all parties, we interpret WCAB Rule 10605 as extending the time to file for all parties after being properly served. Defendant filed the Petition on June 30, 2026, which is less than 20 days after the June 12, 2026 service on the parties of the WCJ’s OACR. Accordingly, defendant’s Petition is timely. IV. Subject to the limitations of section 5804, “[t]he 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.” (Lab.

  The Appeals Board exercised its continuing jurisdiction to rescind the OACR and return the matter to the WCJ for further proceedings due to errors and incomplete medical reports.

  Official decision · page 6 →
• ADJ13684015 · 2026-09-14 · San Jose District Office8 CCR § 10700

  Determinative passage · p.4It has long been held that a C&R must provide fair compensation to the injured worker equivalent to what the injured worker would expect to receive from an award:

  The Appeals Board applied these standards to reject the defendant's argument for a broad release and to require specificity and adequacy review in the C&R settlement.

  Official decision · page 4 →
• ADJ21973060 · 2026-07-30 · Van Nuys District Office8 CCR § 10700

  Determinative passage · p.3(b) The Workers’ Compensation Appeals Board shall inquire into the adequacy of all Compromise and Release agreements and

  Applied to determine the adequacy of the settlement agreement in this case.

  Official decision · page 3 →
• ADJ14257977 · 2026-06-09 · Marina del Rey District Office8 CCR § 10700

  Determinative passage · p.4II. "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." (Lab. Code, § 5803.) We observe that contract principles apply to settlements of workers' compensation disputes. The legal principles governing compromise and release agreements, and by extension, stipulations with request for award, are the same as those governing other contracts. (Burbank Studios v. Workers' Co. Appeals Bd. (Yount) (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.

  Applied to determine timeliness of the petition and the need for a record regarding applicant's understanding of the C&R.

  Official decision · page 4 →
• ADJ11183362 · 2026-05-22 · Lodi District Office8 CCR § 10700

  Determinative passage · p.4Further, "[t]he 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 Board observed no evidence of an adequacy hearing prior to approval of the C&R, which is required to protect the injured worker.

  Official decision · page 4 →
• ADJ18122323 · 2026-04-06 · Van Nuys District Office8 CCR § 10700

  Determinative passage · p.5"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).) This inquiry should carry out the legislative objective of safeguarding the injured worker from entering into unfortunate or improvident releases as a result of, for instance, economic pressure or lack of competent advice. (Claxton v. Waters (2004) 34 Cal.4th 367, 373 [69 Cal.Comp.Cases 895]; Sumner v. Workers' Comp. Appeals Bd. (1983) 33 Cal.3d 965, 972-973.) The worker's knowledge of and intent to release particular benefits must be established separately from the standard release language of the form. (Claxton, supra, 34 Cal.4th at p. 373.)

  The Board noted the regulatory mandate for inquiry into settlement adequacy to protect injured workers.

  Official decision · page 5 →
• ADJ20307046 · 2025-04-01 · Pomona District Office8 CCR § 10700

  Determinative passage · p.5"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 WCJ may make further inquiry into the matter "to enable it to determine the matter in controversy." (Lab. Code, § 5702; see also Weatherall, supra, at 1119; Kinney, supra.)

  The WCJ may make further inquiry to determine the matter in controversy and ensure the settlement is adequate.

  Official decision · page 5 →
• ADJ10330860 · 2025-02-24 · Sacramento District Office8 CCR § 10700

  Determinative passage · p.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.

  Applied to assess adequacy of settlement agreements and need for hearing.

  Official decision · page 5 →