Steller

Counsel attending a mandatory settlement conference in superior court are encouraged to settle all differences between the parties. But, if they want to settle a civil action and a related workers’ compensation action, they must obtain approval of the Workers’ Compensation Appeals Board (WCAB). As we explain, the difficulty is not insurmountable and we fashion a remedy which is practical and workable, i.e., the settlement is conditional upon WCAB approval.

Wendy Ann Steller appeals from the judgment enforcing a settlement agreement between her and respondent, Sears, Roebuck and Co., erroneously sued as Sears Holdings Management Company. (Code Civ. Proc., § 664.6.) She contends that the trial court erroneously interpreted the settlement agreement as encompassing both of her actions against respondent: a civil action for disability discrimination and a workers’ compensation action. She argues that the settlement agreement encompassed only her civil action because Labor Code section 5001 requires WCAB approval before a workers’ compensation claim can be settled.

Neither the settlement agreement nor the judgment expressly requires that settlement of the workers’…