ADJ16777493 EDUARDO MAGALLON, Applicant v. PEOPLE READY INC; GALLAGHER BASSETT, Defendants

Full title: ADJ16777493 EDUARDO MAGALLON, Applicant v. PEOPLE READY INC; GALLAGHER…

Court: Workers’ Compensation Appeals Board State of California

Date published: Aug 21, 2023

No. ADJ16777493 (Cal. W.C.A.B. Aug. 21, 2023)

Opinion

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EDUARDO MAGALLON, Applicant v. PEOPLE READY INC; GALLAGHER BASSETT, Defendants No. ADJ16777493 Workers’ Compensation Appeals Board State of California August 21, 2023

Oxnard District Office

OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION

ANNE SCHMITZ, DEPUTY COMMISSIONER

Applicant, in pro per, has filed a Petition for Reconsideration. We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons below, we will dismiss the Petition for Reconsideration as premature. We will then return this matter to the trial level for the WCJ to adjudicate applicant's petition as one seeking to set aside the May 23, 2023, Order Approving Compromise and Release.

Stipulations are binding on the parties unless, on a showing of good cause, the parties are given permission to withdraw from their agreements. (County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App.4th 1114, 1121 [65 Cal.Comp.Cases 1].) As defined in Weatherall, "A stipulation is 'An agreement between opposing counsel . . . ordinarily entered into for the purpose of avoiding delay, trouble, or expense in the conduct of the action,' (Ballentine, Law Dict. (1930) p. 1235, col. 2) and serves 'to obviate need for proof or to narrow range of litigable issues' (Black's Law Dict. (6th ed. 1990) p. 1415, col. 1) in a legal proceeding." (Weatherall, supra, 77 Cal.App.4th at p. 1119.)

"Good cause" to set aside an order or stipulations depends upon the facts and circumstances of each case. "Good cause" includes mutual mistake of fact, duress, fraud, undue influence, and procedural irregularities. (Johnson v. Workmen's Comp. Appeals Bd. (1970) 2 Cal.3d 964, 975 [35 Cal.Comp.Cases 362]; Santa Maria Bonita School District v. Workers' Comp. Appeals Bd.

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(2002) 67 Cal.Comp.Cases 848, 850 (writ den.); City of Beverly Hills v. Worker's Comp. Appeals Bd. (Dowdle) (1997) 62 Cal.Comp.Cases 1691, 1692 (writ den.); Smith v. Workers' Comp. Appeals Bd. (1985) 168 Cal.App.3d 1160, 1170 [50 Cal.Comp.Cases 311] (writ den.).) To determine whether there is good cause to rescind a stipulation, the circumstances surrounding its execution and approval must be assessed. (See § 5702; Weatherall, supra, 77 Cal.App.4th at pp. 1118-1121; Robinson v. Workers' Comp. Appeals Bd. (Robinson) (1987) 199 Cal.App.3d 784, 790-792 [52 Cal.Comp.Cases 419]; Huston v. Workers' Comp. Appeals Bd. (Huston) (1979) 95 Cal.App.3d 856, 864-867 [44 Cal.Comp.Cases 798].)

There is currently no evidence in the record regarding applicant's allegations. Consequently, it is premature to address these contentions and we will return this matter to the trial level. Upon return to the WCJ, the matter should proceed to a hearing on applicant's petition to set aside so that applicant can provide evidence in support of his arguments and create a record upon which a decision can be made by the WCJ. After the WCJ issues a decision, either party may then timely seek reconsideration of that decision.

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For the foregoing reasons,

IT IS ORDERED that the Petition for Reconsideration is DISMISSED.

I CONCUR,

JOSEPH V. CAPURRO, COMMISSONER

JOSE H. RAZO, COMMISSIONER