Start by identifying what it was
A medical release. Routine and usually necessary — but a broad one gives access to your entire medical history rather than the injured body part. That is worth narrowing. It is not an emergency and it is often correctable going forward.
A DWC-1DWC-1 The claim form. Filing it starts the 90-day presumption and the $10,000 treatment obligation. claim form. That is you filing your claim. Signing it is good. It started the 90-day presumption and the $10,000 treatment obligation.
A “Compromise and ReleaseC&R — Compromise and Release A lump sum that closes future medical treatment permanently..” This is the one that matters. It settles the case for a lump sum and, unless it says otherwise, closes future medical care permanently. A C&R is not effective until a workers’ compensation judgeWCJ Workers’ Compensation Judge. Decides your case. There is no jury. approves it — which means there is a window before approval, and there is a short window after.
“Stipulations with Request for AwardStips — Stipulations with Request for Award An agreed percentage paid over time, with future medical left open, and reopening available within five years of the date of injury. These are not two prices for the same thing..” Different, and usually better for you than a C&R — it resolves the permanent disabilityPD Permanent Disability. Compensation for lasting impairment. A different and much lower weekly rate — 2026 maximum $290/week. but leaves future medical care with the carrier.
A resignation or severance agreement. Employment documents, not comp documents, but they can contain language affecting your claim. A general release signed without carve-outs is the version that causes real problems. What to watch for.
A “voluntary” statement or recorded interview. Not a settlement, but it is evidence. What that’s about.
The clocks
20 days to petition for reconsiderationPetition for Reconsideration Appeal from a final order. 20 days. A non-final order takes a Petition for Removal instead. of an order approving a settlement. Short, jurisdictional, add five days for service by mail within California.
Five years from the date of injuryDate of injury For a cumulative or occupational disease claim, the law sets it as when you first suffered disability and knew or should have known it was work-related — not when the wear began. Almost every deadline runs off this. — not from the award — for the Appeals Board’s continuing jurisdiction to reopen in defined circumstances.
Both of those run whether or not anyone told you. Run your dates.
The grounds that actually work
Setting aside a signed and approved settlement is hard, and it is not impossible. The arguments that get traction:
Nobody explained it. Particularly where the worker was unrepresented, or where language was a barrier and no qualified interpreter was provided. Your right to an interpreter.
A material fact was wrong. A body part left out, a rating based on a report that was later corrected, a mistake about what was being given up.
Newly discovered evidence, or a mistake of fact that a judge would not have approved had they known.
Undue influence or misrepresentation in how it was presented.
Something is about to be decided
Ratings, offers, conferences, and the documents that end a case.
Sources
§§ 5803 and 5804
General information about California law, not legal advice about your case.
Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed
Law Offices of Solov & Teitell, APC · (213) 380-9310
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