Fresno, CA asked in Workers' Compensation for California

Q: Why would a workers comp carrier ask you to waive the requirements of Labor Code section 5313?

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1 Lawyer Answer
Steven James Foster
Steven James Foster
Answered
  • Workers' Compensation Lawyer
  • Chico, CA
  • Licensed in California

A: Labor Code section 5313 provides "The appeals board or the workers compensation judge shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together with the findings, decision, order or award there shall be served upon all the parties to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made." The requirements of Labor Code section 5313 are usually waived when the parties have reached a mutual agreement without need for the judge to hold a trial and issue a decision. 5313 are requirements for the judge. Waiver of the requirement is usually done to avoid the judge having to do unnecessary work.

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