Article 3. Undertaking On Stay Order of California Labor Code >> Division 4. >> Part 4. >> Chapter 7. >> Article 3.
The operation of any order, decision, or award of the appeals
board under the provisions of this division or any judgment entered
thereon, shall not at any time be stayed by the court to which
petition is made for a writ of review, unless an undertaking is
executed on the part of the petitioner.
The undertaking shall provide that:
(a) The petitioner and sureties are bound in double the amount
named in such order, decision, or award.
(b) If the order, decision, or award appealed from, or any part
thereof, is affirmed, or the proceeding upon review is dismissed, the
petitioner will pay the amount directed to be paid by the order,
decision, or award or the part of such amount as to which the order,
decision, or award is affirmed, and all damages and costs which are
awarded against the petitioner.
(c) If the petitioner does not make such payment within 30 days
after the filing with the appeals board of the remittitur from the
reviewing court, judgment in favor of the adverse party may be
entered on motion of the adverse party, and the undertaking shall
apply to any judgment entered thereon. Such judgment may be entered
in any superior court in which a certified copy of the order,
decision, or award is filed, against the sureties for such amount,
together with interest that is due thereon, and the damages and costs
which are awarded against the petitioner. The provisions of the Code
of Civil Procedure, except insofar as they are inconsistent with
this division, are applicable to the undertaking.
The undertaking shall be filed with the appeals board. The
certificate of the appeals board, or any proper officer thereof, of
the filing and approval of such undertaking, is sufficient evidence
of the compliance of the petitioner with the provisions of this
article.