What Is California Labor Code §5702: Stipulations of Fact?

The parties to a controversy may stipulate the facts relative thereto in writing and file such stipulation with the appeals board. The appeals board may thereupon make its findings and award based upon such stipulation, or may set the matter down for hearing and take further testimony or make the further investigation necessary to enable it to determine the matter in controversy.

What does Labor Code 5702 let the parties do?

It lets a worker and an employer or insurer agree on the facts of a dispute in writing, instead of fighting over every one of them at a hearing.

A workers' comp case often turns on facts both sides actually agree about, such as the date of injury, the wage, or which body parts are accepted. Section 5702 lets the parties put those agreed facts in writing and file that stipulation with the Workers' Compensation Appeals Board. The board does not simply rubber-stamp what is handed to it. A judge can decide the dispute based on what the parties agreed to, or can set the matter down for a hearing and gather more testimony or investigation first. Either path ends the same way, with a decision the board can enforce.

This rule applies to any worker, employer, or insurer with a disputed claim at the board, whether the stipulation covers one narrow fact or every issue in the case. An agreement that covers the whole case, including the disability rating and the benefits owed, is the kind of statutory basis behind what most people call a Stipulation with Request for Award. A narrower stipulation can cover just one disputed point, such as the average weekly wage, while the rest of the case still goes to a hearing.

How does a stipulation of facts actually work in a claim?

Both sides write down what they agree on, sign it, and file it with the board instead of arguing those points at a hearing.

A stipulation starts as a written document. It commonly lists facts such as:

• The date of injury
• The average weekly wage
• Which body parts are accepted as industrial
• The agreed disability rating or benefit amount

Both sides sign the document, and it gets filed with the Workers' Compensation Appeals Board. A judge then reviews it before deciding what happens next. This is not the same as simply telling a judge the two sides agree at a hearing. Labor Code 5702 calls for the agreement in writing, filed with the board, not just stated out loud in the room.

Does the board have to accept the stipulation as written?

No. A judge can still set the matter for a hearing if the stipulation leaves a real question open.

Labor Code 5702 gives the board two choices. It can make its findings and award based only on the stipulation, the usual path when the agreement is complete and clear. Or it can set the matter down for a hearing, and take testimony or dig further, when something about the stipulation needs a closer look. A judge is more likely to ask questions when the document is incomplete, uses vague body-part wording, or does not match the medical record. A clear, complete stipulation, backed by the right medical reports, tends to move the fastest.

How does this connect to a Stipulation with Request for Award?

This is the kind of authority that lets a worker and an insurer settle by agreement instead of by trial, which is what most people mean by a Stipulated Award.

When the parties stipulate to every fact the award needs, including the disability rating, the benefit rate, and whether future medical care stays open, the board can issue its findings and award without a trial. Our guide to a Stipulation with Request for Award covers what that settlement actually pays and how it compares to a lump-sum Compromise and Release. A partial stipulation works the same way on a smaller scale: the parties agree on one disputed point, such as the wage, and still go to a hearing on everything else.

How does Labor Code 5702 fit with the other hearing rules?

It sits alongside the rules for how the board gathers facts and weighs evidence when a case is not fully settled by agreement.

This provision sits inside the same part of the Labor Code that governs a WCAB hearing generally. Labor Code 5701 lets the board investigate a disputed claim on its own, through testimony, a worksite inspection, or a payroll review, when the parties cannot agree on the facts. Labor Code 5703 lists the kinds of records a judge can rely on once a hearing actually happens. Whether a case is decided from a stipulation or after a hearing, the resulting decision is called findings and an award; Labor Code 5313 sets a 30-day deadline for that decision once a case is submitted.

If you are being asked to sign a stipulation, or the board has set your case for a hearing instead of accepting one, it helps to have your facts and records straight before you sign anything. Call (661) 273-1780 or use the contact form for a free consultation. The firm reviews each matter individually and does not take every case.