What the panel ordered
The WCAB denies applicant's Petition for Reconsideration filed after the February 18, 2025 order, concluding the defendant's Petition for Reconsideration was timely filed and the Board has jurisdiction to review it.
Applicant seeks reconsideration of the Opinion and Order Granting Reconsideration issued by the WCAB on February 18, 2025, which granted defendant's Petition for Reconsideration and deferred final decision pending further review.
This docket was decided more than once. Shown here is the latest released decision; we also hold February 18, 2025, October 20, 2023.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The defendant's Petition for Reconsideration was timely filed within the extended 30-day period after service of the Findings and Award, and the Appeals Board has jurisdiction to consider it despite lack of notice of transmission to parties.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant's Petition for Reconsideration was filed on December 11, 2024, within the 30-day extended filing period after service of the Findings and Award on November 12, 2024.
Favours Defendant prevailed
This established the timeliness of the petition, allowing the Appeals Board to have jurisdiction to consider it.
The parties were not provided notice of the transmission of the case to the Appeals Board on March 10, 2025, as required by Labor Code section 5909(b)(1).
Favours Defendant prevailed
Although this deprived the parties of notice of the 60-day period commencement, it did not alter the time for the Appeals Board to act on the petition.
From the decision · page 2Here, we did not receive a Report and Recommendation by a workers' compensation administrative law judge, and no other notice to the parties of the transmission of the case to the Appeals Board was provided by the district office. Thus, we conclude that the parties were not provided with the notice of transmission required by Labor Code section 5909(b)(1). While this failure to provide notice does not alter the time for the Appeals Board to act on the petition, we
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5903; California Code of Regulations, title 8, section 10605(a)(2)
A petition for reconsideration must be filed within 20 days of service of the final order, plus 10 days if service is by mail outside California but within the US.
The defendant's petition was timely filed within the extended period due to out-of-state service.
Labor Code section 5909
The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board.
The case was transmitted on March 10, 2025, so the 60-day period ends May 9, 2025, the date of this decision.
From the decision · page 2Under section 5909(a), the Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board. Transmission is reflected in Events in the Electronic Adjudication Management System (EAMS). Specifically, in Case Events, under Event Description is the phrase "Sent to Recon" and under Additional Information is the phrase "The case is sent to the Recon board."
What proof carried it
The evidence the panel weighed, by kind.
Failure to provide notice of transmission of the case to the parties as required by Labor Code section 5909(b)(1).
From the decision · page 2Here, we did not receive a Report and Recommendation by a workers' compensation administrative law judge, and no other notice to the parties of the transmission of the case to the Appeals Board was provided by the district office. Thus, we conclude that the parties were not provided with the notice of transmission required by Labor Code section 5909(b)(1). While this failure to provide notice does not alter the time for the Appeals Board to act on the petition, we
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
- Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
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