WCAB

The workers’ compensation system is designed to assure benefits to injured workers without the need to resort to a lawsuit. Procedural informality that would make the civil practitioner shudder is normal. But even a “flexible” system must have structure. Here, the Workers’ Compensation Appeals Board (Board) deprived a party of the benefits of a stipulation. We annul the Board’s decision and remand the matter.

Factual and Procedural Background

Decedent Jodie Weatherall was a probation officer. On March 16, 1991, decedent had a heart attack, from which he died on March 27, 1991. Decedent’s widow claimed benefits, giving March 16, 1991, as the date of injury. After a June 14, 1995, claim for benefits on behalf of the widow and minor daughter was filed, Sacramento County (County) raised statute of limitation issues and the parties disputed whether a cumulative injury had been pleaded.

After a mandatory settlement conference, at a hearing on July 5, 1996, the parties entered into the following stipulation: “No cumulative trauma claim has been asserted for the March 16, 1991, massive heart attack which was claimed as a specific injury, nor has a cumulative trauma claim been…