WCAB PROCEDURE - Stipulations–In this case, the WCJ properly set aside a stipulated award because the terms of the stipulated award were specifically prohibited by the Labor Code. [The stipulated award involved the payment of a period of temporary disability indemnity after the injured worker died.] Ana Escalante v. Workers' Compensation Appeals Board (Jose Alfredo Martinez) 9 WCAB Rptr. 10,268 [Writ Denied]

WCAB PROCEDURE - Setting aside stipulations-A WCJ has the power to consider the facts as to the date of injury in a cumulative trauma case and find the date of injury based on the facts contrary to the erroneous stipulation of the parties. Republic Indemnity Company of America v. Workers' Compensation Appeals Board (Joyce Winner) 9 WCAB Rptr. 10,249[Writ Denied]

WCAB PROCEDURE - Setting aside stipulation-A stipulation of the parties may be set aside if the evidence shows it was entered into by reliance by one party on material false statements made as part of a conspiracy to commit workers' compensation fraud. [Writ Denied]

WCAB PROCEDURE - Stipulations–CIGA was bound by its stipulation relating to temporary disability, which was entered into with knowledge of the prior settlement of the EDD lien made by the insolvent carrier. (See Johnson v. Workers' Comp. Appeals Bd. (1970) 3 Cal.3d 964.) California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Kelly Faris) 9 WCAB Rptr. 10,230 [Writ Denied]

WCAB PROCEDURE - Stipulations–A stipulation is an agreement between opposing counsel, usually entered into to expedite hearings or to avoid delay, expense, or difficulty in the proceedings. A stipulation is binding on the parties absent good cause for setting aside the stipulation. (See County of Sacramento v. Workers' Comp. Appeals Bd. Weatherall) (2000) 77 Cal.App.4th 1114, 2 WCAB Rptr. 10,054.) California Water Service Co. v. Workers' Compensation Appeals Board (Christina Gordon King) 9 WCAB Rptr. 10,178 [Writ Denied]

WCAB PROCEDURE - Stipulations–A party must show good cause to be released from a stipulation. (See County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App.4th 1114, 2 WCAB Rptr. 10,054.) [In this case, the employer stipulated that the applicant had sustained industrial injury to various body parts, including her psyche, and the WCJ properly found that the employer had waived raising the defense of injury to psyche, doctrine of good-faith personnel actions, and statute of limitations.] Verizon v. Workers' Compensation Appeals Board (Joanell Sells) 9 WCAB Rptr. 10,162 [Writ Denied]

WCAB PROCEDURE–Stipulations - The mere fact that a stipulation adversely affects an injured worker's case, does not mean it should be set aside. Even where a stipulation was inadvertently entered into is not good cause to set aside the stipulation. (See County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal. App.4th 1114, 2 WCAB Rtpr. 10,054.) Gustavo Rodriguez v. Workers' Compensation Appeals Board, City of Monterey Park 9 WCAB Rptr. 10,162 [Writ Denied]

WCAB PROCEDURE - Stipulations of the parties–A WCJ is not bound by the stipulation of the parties. The WCJ may disregard the stipulation and base finding on facts appearing in the evidence or on further investigation. (See Turner Gas Company v. Workmen's Comp. Appeals Bd. (1975) 47 Cal.App.3d 286.) [In this case, the parties stipulated that the injured worker suffered permanent disability of 41% prior to apportionment based on a consultative rating. When the same work restrictions were issued on rating instructions, it was determined that the prior consultative rating was in error, and the WCJ properly rejected the stipulation.] Argonaut Insurance Co. v. Workers' Compensation Appeals Board (Gloria Monis) 9 WCAB Rptr. 10,134 [Writ Denied]

WCAB PROCEDURE - Stipulations—A stipulation is an agreement between opposing counsel, usually entered into to expedite hearings or to avoid delay, expense, or difficulty in the proceedings. A stipulation, entered into in open court, is binding on the parties, absent good cause for setting aside the stipulation. (See County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal. App. 4th 1114, 2 WCAB Rptr. 10,054, see also City of San Rafael v. Workers' Compensation Appeals Board (John R. Jones) 8 WCAB Rptr.10,339 [Writ Denied].) Marcus Cazares v. Workers' Compensation Appeals Board, Norman Bell Enterprises 9 WCAB Rptr. 10,087 [Writ Denied]

WCAB PROCEDURE - Stipulations framing issues at mandatory settlement conference-Labor Code §5502(e)(3)-The mandatory settlement conference guarantees a productive dialogue leading to the resolution of the dispute or thoroughly and accurately framing the stipulations and issues. Parties will be bound by stipulations framing the issues absent good cause. (See County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App.4th 1114, 2 WCAB Rptr. 10,054.) Beverly Dickinson v. Workers' Compensation Appeals Board, Butterball Turkey Corporation 9 WCAB Rptr. 10,068 [Writ Denied]

WCAB PROCDURE - Stipulations–Contrary to pleadings, which can be deemed amended to conform to proof, stipulations are not deemed amended to conform to proof because the point of a stipulation is to obviate the need for proof. (See Robinson v. Workers' Comp. Appeals Bd. (1987) 194 Cal.App. 3d 1.) Kmart Corporation v. Workers' Compensation Appeals Board (Juan Martinez, deceased) 9 WCAB Rptr. 10,049 [Writ Denied]

WCAB PROCEDURE - Stipulations—A stipulation is an agreement between opposing counsel, usually entered into in order to expedite hearings or to avoid delay, expense, or difficulty in the proceedings. A stipulation, entered into in open court, is binding on the parties absent good cause for setting aside the stipulation. (See County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal. App. 4th 1114, 2 WCAB Rptr. 10,054.) City of San Rafael v. Workers' Compensation Appeals Board (John R. Jones) 8 WCAB Rptr.10,339 [Writ Denied]

WCAB PROCEDURE-Stipulations of parties–Stipulations are designed to expedite trials and hearings. If one party could, as a matter of right, withdraw from a stipulation at any time before it was acted upon by the WCJ, other parties could not rely on the stipulation and the trial or hearing would be subject to uncertainty and disruption for the parties to gather and present evidence on issues thought to have been laid to rest by the stipulation. 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 WCJ may exercise sound discretion and set aside the stipulation. When there is no mistake but merely lack of full knowledge of the facts, which was due to the failure of the party to exercise due diligence to ascertain them, there is no proper ground for relief. (See County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) Cal.App.4th, 2 WCAB Rptr. 10,054.) [In this case, the parties stipulated to concede liability for temporary disability indemnity for two separate periods of time both of which occurred after the applicant's date of retirement, and the employer later unsuccessfully attempted to set aside the stipulation after realizing that the employee had retired.] Los Angeles Unified School District v. Workers' Compensation Appeals Board (Alice Khanchalian) 8 WCAB Rptr. 10,181 [Writ Denied]

WCAB PROCEDURE- Stipulation of the parties–A stipulation of the parties that newly enacted Labor Code §§4663 and 4664, as amended and enacted by SB899, are not applicable and are overridden by appellate decisions in Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 7 WCAB Rptr. 10,083 and Rio Linda Union School District v. Workers' Comp. Appeals Bd. (Scheftner) (2005) 131 Cal.App.4th 517, 7 WCAB Rptr. 10,227. Ronda Schaffer v. Workers' Compensation Appeals Board, Southern California Edison Company 8 WCAB Rptr. 10,149 [Writ Denied]

WCAB PROCEDURE¬ Stipulation of the parties–A stipulation of the parties that newly enacted Labor Code §§4663 and 4664, as amended and enacted by SB899, are not applicable and are overridden by appellate decisions in Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 7 WCAB Rptr. 10,083 and Rio Linda Union School District v. Workers' Comp. Appeals Bd. (Scheftner) (2005) 131 Cal.App.4th 517, 7 WCAB Rptr. 10,227. Ronda Schaffer v. Workers' Compensation Appeals Board, Southern California Edison Company 8 WCAB Rptr. 10,149 [Writ Denied]

WCAB PROCEDURE– Stipulations–Stipulations are evidence and obviate the need for proof. Stipulations cannot be deemed amended to conform to proof and cannot be set aside absent good cause. (See County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App.4th 1114, 2 WCAB Rptr. 10,054.) [In this case, the parties stipulated that applicant sustained industrial injury to specified parts of the body and defendant did not show good cause to be relieved from the stipulation.] General Motors Corporation v. Workers' Compensation Appeals Board (Linda Abbenante Seifert) 6 WCAB Rptr. 10,238

STIPULATIONS– Stipulations are designed to expedite hearings and a party seeking to set aside a stipulation must show good cause and lack of diligence is not good cause. (See County of Sacramento v. Workers' Comp. Appeals Board (Weatherall) (2000) 77 Cal.App.4th 1114, 2 WCAB Rptr. 10,054.) [In this case, at the Mandatory Settlement Conference, the CIGA has stipulated to applicant's earnings and a specific physician as the applicant's treating physician. At trial, CIGA sought to be relieved from the stipulation, but counsel was unable to state any reason why CIGA had erroneously entered into the stipulation or why CIGA had not attempted to correct its error at any time prior to trial.] McClone Construction Company v. Workers' Compensation Appeals Board (Anthony Obinyan) 6 WCAB Rptr. 10,120

WCAB PROCEDURE– Stipulations– Stipulations are designed to expedite trials and hearings and the parties stipulate to facts and circumstances that serve to obviate the need of proof as to disputed issues, the parties should not be permitted to withdraw from a stipulation without a showing of good cause. (See County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App.4th 1114, 2 WCAB Rptr. 10,054.) [In this case, the defendant was permitted to unilaterally withdraw from a stipulation to use an Agreed Medical Examiner, because the stipulation did not obviate the need for proof as to a disputed factual issue.] Erick Rafael Pedroza v. Workers' Compensation Appeals Board, Bear Valley Paving. 6 WCAB Rptr. 10,075

WCAB PROCEDURE– Stipulations– To be relieved of a stipulation, the party must demonstrate good cause. A poor outcome is not a principled reason to set aside a stipulation of counsel. (See County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App.3d 1114, 2 WCAB Rptr. 10,054.) [In this case, the parties stipulated on the record at the time of the hearing that applicant's earnings were maximum for purposes of temporary disability and permanent disability, and the defendant made no showing of good cause to be relieved of the stipulation.] San Diego Transit v. Workers' Compensation Appeals Board (Scott Ague) 5 WCAB Rptr. 10,305

WCAB PROCEDURE– Stipulations of the parties–The stipulation of the parties concerning applicant's earnings are binding and deviation from the stipulated earnings amount by the WCJ are clerical error. Ruby Nig v. Workers' Compensation Appeals Board, Twelve Signs, Inc. 5 WCAB Rptr. 10,215

WCAB PROCEDURE– Stipulations– A stipulation may be set aside by the court in the court's exercise of its sound discretion, upon a showing of good cause or a showing that the stipulation was entered into through inadvertence, excusable neglect, fraud, mistake of fact or law, or where the stipulated facts have changed or that 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. Alex Kashevaroff v. Workers' Compensation Appeals Board, Exceptional Habitats, Inc. 5 WCAB Rptr. 10,181

WCAB PROCEDURE– Stipulations– A stipulation to a date of cumulative injury is only an agreement as to the applicant's last date of injurious exposure; it is not a stipulation as to the date of injury under Labor Code §5412, i.e., the concurrence of knowledge and disability. (See Palmer v. Workers' Comp. Appeals Bd. (1987) 192 Cal.App.3d 1241.) Menifee Valley Medical Center v. Workers' Compensation Appeals Board (Rita Lewis) 5 WCAB Rptr. 10,101

WCAB PROCEDURE– Stipulations– Stipulations are designed to expedite trials and hearings and their use in workers' compensation cases should be encouraged. If one party could, as a matter of right, withdraw from a stipulation at any time before it is acted upon by the WCJ, other parties could not rely upon the stipulation and hearing would be subjected to uncertainty and disruption for the parties to gather and present evidence thought to have been laid to rest by the stipulation. (See County of Sacramento v. Workers' Compensation Appeals Bd. (Weatherall) (2000) 77 Cal.App. 1114, 2 WCAB Rptr. 10,054.) Maritz Travel v. Workers' Compensation Appeals Board (Keely McCue) 5 WCAB Rptr. 10,087

WCAB PROCEDURE– Stipulations– A stipulation in a Compromise and Release between the defendant and the applicant that the applicant's condition and any injuries were nonindustrial is not binding on lien claimants who were not party to the Compromise and Release. Sun Valley Paper Stock v. Workers' Compensation Appeals Board (Rita Salazar) 5 WCAB Rptr. 10,055

WCAB PROCEDURE– Stipulation Regarding Admitting Evidence– The stipulation in this case made at the MSC was an agreement that counsel would not oppose certain documents being provided and admitted in evidence. The stipulation did not prevent the WCJ from ultimately ruling on the admissibility of the documents at trial. City of San Diego v. Workers' Compensation Appeals Board (Robert Richardson) 4 WCAB Rptr. 10,254

WCAB PROCEDURE– Stipulations– While parties may stipulate to fact relative to the case, the WCJ has the authority to either make his or her findings and award based on such stipulation or may set the matter down for hearing and take further testimony or make the further investigation necessary to enable the WCJ to determine the controversy. (See Labor Code §5702; Turner Gas Co. v. Workmen's Comp. Appeals Bd. Kinney) (1975) 47 Cal.App.3d 286.) The stipulation may be set aside after giving the parties notice and opportunity to be heard and to present evidence. (Cal. Code of Regs., title 8, §10497.) Applied Fiberglass Systems, Inc. v. Workers' Compensation Appeals Board, (Frank Trejo) 4 WCAB Rptr. 10,204

WCAB PROCEDURE– Stipulations– When the parties stipulate to one set of facts at a date later than a prior stipulation, the prior stipulation is no longer a valid stipulation between the parties. The later stipulation is the current intent of the parties with respect to the admitted facts. Lynne Kokkos v. Workers' Compensation Appeals Board, Sutter General Hospital. 4 WCAB Rptr. 10,139

WCAB PROCEDURE– Stipulations– A stipulation is an agreement between opposing counsel entered into for the purpose of avoiding delay, trouble or expense in the conduct of an action and serves to obviate the need for proof on issues. The Appeals Board should not reject stipulations absent good cause and mere capricious decision-making does not constitute good cause. (See County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App. 4th 1114, 2 WCAB Rptr. 10,054.) Philips Products v. Workers' Compensation Appeals Board (Philip Rue) 3 WCAB Rptr. 10,341

WCAB PROCEDURE– Stipulations– Stipulations are designed to expedite trials and hearings. If one party could, as a matter of right, withdraw from a stipulation of any kind before it was acted upon by the WCJ, 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 party to gather and present evidence on issue thought to have been laid to rest by the stipulation. (See Robinson v. Workers' Comp. Appeals Bd. (1987) 194 Cal.App.3d 784.) Alistar Insurance Company v. Workers' Compensation Appeals Board (Shervin, Sarbaz) 3 WCAB Rptr. 10,310

WCAB PROCEDURE– Stipulations– A party must demonstrate good cause to be relieved from a stipulation. Lack of diligence is not good cause. (See County of Sacramento v. Workers' Comp. Appeals Bd. (2000) 77 Cal.App.4th 1114, 2 WCAB Rptr. 10,054.) [In this case the parties stipulated to earnings of approximately $600.00 per week. Defense counsel later learned that earnings were actually $373.25 per week and after the WCJ awarded temporary disability indemnity based on the stipulation, the defendant unsuccessfully sought to amend the Findings and Award to reflect the accurate earnings information.] Alistar Insurance Company v. Workers' Compensation Appeals Board (Shervin, Sarbaz) 3 WCAB Rptr. 10,310

WCAB PROCEDURE– Stipulations– A stipulation is an agreement between opposing counsel entered into for the purpose of avoiding delay, trouble or expense in the conduct of an action and serves to obviate the need for proof on issues. The Appeals Board should not reject stipulations absent good cause and mere capricious decision-making does not constitute good cause. (See County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App. 4th 1114, 2 WCAB Rptr. 10,054.) California Insurance Guaranty Association v. Workers' Compensation Appeals Board (William Wilson) 3 WCAB Rptr. 10,272

WCAB PROCEDURE– Stipulations of the parties– A stipulation entered into between the parties may be set aside only upon a showing that the stipulation was entered into through the inadvertence or mistake of fact of the parties. A WCJ's error is not a sufficient cause to relieve a party of its stipulation. Jodie P. Weatherall v. Workers' Compensation Appeals Board, County of Sacramento 3 WCAB Rptr. 10,202

WCAB PROCEDURE– Submission of Case– When defense counsel failed to appear at trial, the matter was properly taken under submission and decided on the basis of the Mandatory Settlement Conference stipulations. Allstar Insurance Company v. Workers' Compensation Appeals Board (Delaina Cochran) 3 WCAB Rptr. 10,046

WCAB PROCEDURE–Setting aside stipulations–A party must have good cause to set aside a stipulation and that good cause must be something more than an attempt to change what the petitioner believes, in hindsight, was a poor outcome or mistake of judgment. (See County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App.4th 1114, 2 WCAB Rptr. 10,054.) [In this case, the applicant represented by new counsel argued that the prior attorney should not have agreed to the imposition of only three penalties. This after-the-fact reassessment of what should or should not have been done did not constitute good cause and was deemed to be a bad-faith or frivolous action for which sanctions were imposed.] Helmsman Management Services v. Workers' Compensation Appeals Board (Vernise Dorsey) 5 WCAB Rptr. 10,277