a-z indexroundtableArticles & Editorialsmarketplacemeet the publisherscontactsearch
home
  A-Z Index
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

STIPULATIONS 

The parties to a controversy may stipulate the facts relative thereto in writing and file such stipulation with the appeals board.
The appeals board may thereupon make its findings and award based upon such stipulation, or may set the matter down for hearing and take further testimony or make the further investigation necessary to enable it to determine the matter in controversy. LC §5702

STIPULATIONS WITH REQUEST FOR AWARD

This method of settlement is preferred when either side wants medical treatment left open or wants to preserve the right to reopen . If there are no triable issues, the Board expects the parties to enter into stipulations. If there are issues concerning accrued penalties they need to be resolved before entering into Stipulations with Request for Award or "expressly excluded by the terms of the order or award.” See Labor Code §5814(c)

In County  of Sacramento v. WCAB (Weatherall) (2000)  77 Cal.App.4th  1114, the Court of Appeal noted that “the point of a stipulation is to obviate the need for proof” but that a stipulation can be set aside on a showing of “good cause.”


Label Item Links Comments
Labor Code "The parties to a controversy may stipulate the facts relative thereto in writing and file such stipulation with the appeals board. The appeals board may thereupon make its findings and award...." LC  §5702  
Regulations/Rules "Awards and orders may be based upon stipulations of parties in open court or upon written stipulation signed by the parties."

WCAB Policy and Procedural Manual: rules on submission of pro per settlements and consideration of adequacy of all settlements
8 CCR §10496



Policy and Procedural Manual
 
  Rejection of Stipulations requires "No finding shall be made contrary to a stipulation of the parties on an issue without giving the parties notice and an opportunity to present evidence thereon." 8 CCR §10497  
Cases
In County of Sacramento v. WCAB (Weatherall) (2000) 77 Cal. App. 4th 1114, the Court of Appeal stated: "It is true the Board has the discretion to reject factual stipulations. But discretion does not validate capricious decisionmaking, and we are unaware of any statute permitting the Board to reject a stipulation clarifying the issues in controversy absent good cause...  [S]tipulations are not "deemed amended" to conform to proof, vel non, because the point of a stipulation is to obviate the need for proof...." [Citations omitted]"

In Robinson v. WCAB (1987)  194 Cal. App. 3d 784, the Court of Appeals noted: "Stipulations are designed to expedite trials and hearings and their use in workers' compensation cases should be encouraged. (Rippey v. Spreckels Sugar Co. (1957) 22 Cal. Comp. Cases 163, 164.) If one party could, as a matter of right, withdraw from a stipulation at any time before it was acted upon by the WCJ or the WCAB, other parties could not rely upon the stipulation and, rather than being expedited, hearings would be subject to uncertainty and disruption in order for the parties to gather and present evidence on issues thought to have been laid to rest by the stipulation.
Of course, where a stipulation has been "'entered into through inadvertence, excusable neglect, fraud, mistake of fact or law, where the facts stipulated have changed or there has been a change in the underlying conditions that could not have been anticipated, or where special circumstances exist rendering it unjust to enforce the stipulation,' a court may exercise its sound discretion and set aside the stipulation. [Citations.] But, '[when] there is no mistake but merely a lack of full knowledge of the facts, which ... is due to the failure of a party to exercise due diligence to ascertain them, there is no proper ground for relief.'"
County of Sacramento v. WCAB (Weatherall)










Robinson v. WCAB
 
Forms Stipulations with Request for Award

Stipulations with Request for Award (Death Case)
Stips

Stips (Death)
 
Websites     
Practice Tips Attorneys on both sides need to pay close attention to all details involved in the settlement process and memorialized on the official form. The applicant's attorney should also obtain a signed Informed Consent before the settlement agreement is signed.

As the law changes, your informed consent form needs to change. This is the place to provide written warning about the benefits of settling future medical treatment or leaving it open; use of the SJDB "voucher"; effect of settlement on Social Security and other benefits; retention of files, etc.
   
Articles
Stipulated Agreements – When Can You Back Out?  When Can You Back Out?   
Magazine Articles
 
Roundtable    
Miscellaneous      

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z