Special Report: Workers' Compensation Appeals Board En Banc Clarifies Scope of WCJ Authority to Review Settlements
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A workers' compensation compromise and release (C&R) agreement is not enforceable until approved by the Workers' Compensation Appeals Board (LC 5001). (For the purposes of this article, “the WCAB” refers to the Workers’ Compensation Appeals Board generally, including the workers’ compensation judge, and “appeals board” refers specifically to the appellate judicial tribunal within the WCAB.) Under CCR 10700, the WCAB is affirmatively required to inquire into the adequacy of all C&R agreements and may set a hearing to take evidence when necessary to determine whether a settlement should be approved or disapproved.