Managing Employee Injuries and Disability and Occupational Safety

 The facts do not support the decision.

 There is new material evidence which was not available at the time of the hearing.

e. Decision A decision granting or denying a petition for reconsideration, or a decision after reconsideration affirming, rescinding, altering, or amending the original findings, order, decision, or award must be issued by the Appeals Board. Labor Code Section 5908.5. f. Judicial Review Only the courts of appeal and the Supreme Court have jurisdiction to review, reverse, correct or annul an order, rule, decision, or award of the WCAB. Labor Code Section 5955. Any party affected by a decision of the WCAB may, by filing the appropriate legal documents with the court, request that the court review the decision of the Board. An application for review must be filed within 45 days after the petition for reconsideration of the Appeal Board’s decision has been denied, or if the decision was reconsidered, then within 45 days of the filing of that decision. Labor Code Section 5950. The court will review the case only on the record which has already been established and only on the grounds outlined for reconsideration. The petition may be summarily denied without a hearing. If the court grants a hearing, the court enters a judgment either affirming or annulling the order, decision or award, or remands the case for further proceedings before the WCAB. a. Reopening Unless a case is closed by compromise and release, the WCAB, upon petition by a party, has continuing jurisdiction to rescind, alter, or amend any order, decision or award for good cause within five years from the date of injury. Labor Code Section 5803. b. Enforcement The WCAB has indefinite jurisdiction to enforce orders, decisions or awards, including ordering a continuation of benefits. A time limitation does not apply to the Board’s power to commute an award to a lump sum. 6. C ONTINUING J URISDICTION

7. C OMPROMISE , S ETTLEMENT , AND L UMP S UM C OMPUTATION

a. Compromise and Release No contract, rule or regulation can exempt an employer from liability for workers’ compensation. But, the rights of an individual to compromise the liability is not impaired. Labor Code Section 5000. Parties to a compensation proceeding may resolve the issues by settlement, subject to review and approval by the Appeals Board.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 48