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Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 18. Settlements
§10878. Settlement Document as an Application.
The filing of a compromise and release agreement or stipulations with request
for award shall constitute the filing of an application which may, in the Workers'
Compensation Appeals Board's discretion, be set for hearing, reserving to the
parties the right to put in issue facts that might otherwise have been admitted
in the compromise and release agreement or stipulations with request for award.
If a hearing is held with this document used as an application, the defendants
shall have available to them all defenses that were available as of the date of
filing of this document. The Workers' Compensation Appeals Board may thereafter
either approve the settlement agreement or disapprove it and issue findings and
award after hearing has been held and the matter submitted for decision.
Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5001,
5002, 5500 and 5702, Labor Code.
1. Amendment of section heading, section and Note filed 12-19-2002; operative
1-1-2003. Submitted to OAL for printing only pursuant to Government Code section
11351 (Register 2002, No. 51).
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