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EMPLOYEES FIRST LABOR LAW

Compensation Law

Labor Code §5702 – Stipulations with Request for Award

Labor Code §5702 is the statute behind stipulated awards in California workers’ comp.

Reviewed by Jonathan P. LaCour, Esq. CEO · Senior Trial Counsel

Updated 7 min read

In this guide12 sections
  1. What Labor Code §5702 says
  2. Who section 5702 covers
  3. Watch: injured at work in California
  4. The rules, step by step
  5. Exceptions and limits
  6. Remedies: reopening, reconsideration and enforcement
  7. Deadlines
  8. Related sections
  9. How it plays out
  10. What to do
  11. Frequently asked questions
  12. Sources

California Labor Code section 5702 lets the parties to a workers’ compensation case agree on the facts in writing, file that stipulation with the Workers’ Compensation Appeals Board (WCAB), and have a judge issue findings and an award based on it. That award is what most people call a stipulated award. The judge can also refuse to rely on the stipulation alone and set the case for hearing or further investigation instead.

A stipulated award usually pays your permanent disability (PD) in installments and can keep your right to future medical care open. This page explains the statute and the rules around it. For a plain-language overview of how a stipulated award works day to day, see our guide What Is a Stipulated Award in California Workers’ Comp? To compare it with a lump-sum settlement, see compromise and release vs. stipulated award.

Key takeaways
  • Labor Code §5702 lets the parties agree on the facts in writing and ask the WCAB to issue an award based on that agreement.
  • The judge can approve the stipulation as an award, or set a hearing or investigate further if it isn’t adequate (WCAB Rule 10700).
  • Permanent disability under an award is generally paid every two weeks, not as one lump sum (Labor Code §4650(c)).
  • A stipulated award can keep future medical care open for the injuries it covers.
  • You can petition for new and further disability within five years from the date of injury (Labor Code §5410).

What Labor Code §5702 says

Section 5702 is two sentences long. Most of the procedure around it lives in WCAB rules and state forms, not in the statute.

PartWhat it says (paraphrased)
Sentence 1“The parties to a controversy may stipulate the facts relative thereto in writing” and file the stipulation with the appeals board.
Sentence 2The appeals board may then make findings and an award based on the stipulation, or set the matter for hearing and take more testimony, or investigate further to decide the dispute.

The state form used for this is called “Stipulations with Request for Award.” A separate version is used in death cases.

Five years from the date of injury to reopen a California stipulated award for new and further disability

Who section 5702 covers

Any “parties to a controversy” in a California workers’ comp case can use it: the injured worker, the employer, and the insurer or claims administrator. Dependents can use the death-case version. You can use it with or without a lawyer. WCAB Rule 10700 requires the board to examine the adequacy of every stipulation, whoever drafted it.

Watch: injured at work in California

Our attorneys explain what your employer must do after a work injury, and what to do in the first 24 hours to protect your claim.

The rules, step by step

1. The stipulation is written down

The parties fill out state form 10214(a), Stipulations with Request for Award (called DWC-CA form 10214(a) in the WCAB’s rules). Among other things, it records:

  • each date of injury, whether it is a specific or cumulative injury, and the body parts injured;
  • temporary disability periods, the weekly rate and what has been paid;
  • the PD percentage, the weekly PD rate, the start date and the total, with credit for payments already made;
  • whether you need further medical treatment to cure or relieve the effects of the injury;
  • liens, medical-legal costs, and the attorney’s fee requested and how it will be commuted; and
  • accrued Labor Code §5814 penalties, which are included unless expressly excluded.

2. It is filed with the medical reports

Under WCAB Rule 10700(a), the parties must also file any relevant reports not already on file, such as agreed medical evaluator, qualified medical evaluator and treating doctor reports that bear on adequacy.

3. The judge decides what to do with it

Section 5702 gives the judge three choices: issue findings and an award based on the stipulation, set a hearing and take testimony, or investigate further. Rule 10700(b) says the board must examine the adequacy of every stipulation and may set a hearing before deciding. Rule 10700(c) adds that an agreement paying less than the full compensation due and releasing all future liability is approved only when there is reasonable doubt about the parties’ rights or approval is in their best interests.

4. The award is paid and enforced

PD under an award is generally paid every two weeks: Labor Code §4650(c) says disability payments after the first are made “as due every two weeks.” The WCAB can convert payments to a lump sum (“commutation”) under Labor Code §5100, for example when that is necessary to protect you or is in your best interest given your overall finances.

Asked to sign a stipulated award?

The rating, the weekly rate and the future medical box decide what you get for years. Have them checked before you sign.

Exceptions and limits

  • Future medical. If future medical treatment is awarded, DWC’s settlement guidelines say language limiting that treatment is “ordinarily unacceptable.”
  • Only workers’ comp rights. The same guidelines note the WCAB lacks jurisdiction to approve settlement of rights that don’t arise under the workers’ comp law. A discrimination or wrongful termination case needs its own resolution.
  • No automatic approval. A stipulation the judge finds inadequate can be sent to hearing instead of becoming an award.
  • Employment findings stick. Under Labor Code §5804, once an award finding employment becomes final, the board can’t later reopen the case to find there was no employment.

Remedies: reopening, reconsideration and enforcement

A stipulated award is an award of the WCAB, so the board’s ordinary powers over awards apply:

  • New and further disability. Labor Code §5410 lets you start proceedings for new and further disability within five years from the date of injury. See our Labor Code §5410 explainer.
  • Continuing jurisdiction. Under Labor Code §5803, the board can rescind, alter or amend its awards for good cause, including when a disability has recurred, increased, diminished or ended. Section 5804 bars changes after five years from the date of injury unless a petition was filed within that time.
  • Reconsideration. A party can petition for reconsideration within 20 days after service of the award, on the grounds listed in Labor Code §5903. See petitions for reconsideration.
  • Attorney’s fees. Under Labor Code §4906, an attorney can’t demand or accept a fee from you until the appeals board approves or sets it.
Twenty days after service to petition for reconsideration of a workers’ comp award in California

Deadlines

StepDeadlineSource
First PD payment (before an award)Within 14 days after the last temporary disability payment, with exceptionsLabor Code §4650(b)
Later PD paymentsEvery two weeksLabor Code §4650(c)
Petition for reconsideration20 days after service of the awardLabor Code §5903
Petition for new and further disability, or to change the awardWithin 5 years from the date of injuryLabor Code §§5410, 5804

SectionHow it connects
Labor Code §§5000–5005The other way to settle: a compromise and release, usually a lump sum that closes future medical
Labor Code §4658How many weeks of PD a rating is worth
Labor Code §4650When PD payments start and how often they are made
Labor Code §5100Converting periodic payments to a lump sum
Labor Code §§5410, 5803, 5804Reopening and changing an award within five years
Labor Code §5903Reconsideration of an award

How it plays out

💡 Example: Luis, a hypothetical delivery driver, hurts his knee at work in 2026. He earns $1,200 a week. His knee is rated at 10% permanent disability, and he and the insurer agree to that rating in a stipulation. For a 2026 injury, PD is two-thirds of average weekly earnings, capped at $290 a week; two-thirds of $1,200 is $800, so Luis gets the $290 maximum. A 10% rating is worth 30.25 weeks under Labor Code §4658(e), so his total PD is 30.25 × $290 = $8,772.50. The insurer already paid 10 weeks of advances ($2,900), leaving $5,872.50, paid at $580 every two weeks, before any attorney’s fee the judge approves. The stipulation says he needs future medical care for the knee, so that stays open. If the knee gets worse, he has until five years from the 2026 injury date to petition for new and further disability.


What to do

  1. Check the PD percentage and weekly rate against the medical report and your earnings. Our workers’ comp calculator and PDRS guide can help.
  2. Make sure the future medical box says you need further treatment if your doctor says you do.
  3. Confirm every body part and date of injury is listed.
  4. Calendar five years from your date of injury. That is the outside date to reopen for a worsening condition.
  5. Keep a copy of the award. If payments stop or future treatment is refused, the award is what you enforce.

Frequently asked questions

What does “stipulations with request for award” mean?

It means both sides agree on the facts of your injury and benefits and ask a workers’ comp judge to turn that agreement into an award. Once the judge signs it, it is enforceable like any other WCAB award.

Does a stipulated award keep my future medical open?

It can. The form asks whether you need further medical treatment. If the award provides future medical care, limiting language is ordinarily not accepted.

Can I get a lump sum with a stipulated award?

PD is normally paid every two weeks. The WCAB can order a lump sum through commutation under Labor Code §5100 in limited situations, such as when it is necessary to protect you or is in your best interest.

Can a stipulated award be reopened?

Yes, within limits. You can petition for new and further disability within five years from the date of injury, and the board keeps continuing jurisdiction to change its awards for good cause within that period.

Is a stipulated award the same as a compromise and release?

No. A compromise and release usually pays one lump sum and closes future medical for the settled injuries. A stipulated award pays PD over time and can keep medical care and reopening rights.


Sources


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This article provides general information about California law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.

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