What the panel ordered
Petition for Reconsideration granted; final decision after reconsideration deferred pending further review.p. 13
Petition for Reconsideration filed by AMPCO Contracting Inc. was granted by the WCAB, and final decision after reconsideration is deferred pending further review of the merits and the entire record.
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 Appeals Board granted the Petition for Reconsideration to allow further review of the merits and the entire record, as the initial analysis was incomplete and additional development was necessary.
From the decision · page 1Reconsideration has been sought by Defendant AMPCO Contracting, Inc., with regard to Findings and Order issued by the workers’ compensation arbitrator (WCA) in both of these matters on April 10, 2026. We have considered the Petitions for Reconsideration, the contents of the Arbitrator’s Report and Recommendation on Reconsideration, and we have reviewed the record in this
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The case was transmitted to the Appeals Board on May 27, 2026, and the 60-day period for acting on the Petition for Reconsideration ended on July 27, 2026.
Favours Defendant prevailed
This established the deadline for the Appeals Board to act on the Petition for Reconsideration, which was met by issuing the decision on July 27, 2026.
From the decision · page 2Under section 5909(a), the Appeals Board must act on a petition for reconsideration within 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.” Here, according to Events, these consolidated cases were transmitted to the Appeals Board on May 27, 2026 and 60 days from the date of transmission is Sunday, July 26, 2026. The next business day that is 60 days from the date of transmission is Monday, July 27, 2026. (See Cal.
Service of the Report and Recommendation was on May 21, 2026, before the case transmission date, so it did not provide accurate notice of transmission to the parties.
Favours neutral
This affected the parties' notice of the commencement of the 60-day period but did not alter the Appeals Board's time to act, impacting procedural fairness considerations.
From the decision · page 3Thus, we conclude that service of the Report did not provide accurate notice of transmission under section 5909(b)(2) because service of the Report did not provide actual notice to the parties as the commencement of the 60-day period on May 27, 2026. 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 accurate notice of transmission as required by 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 note that as a result the parties did not have notice of the commencement of the 60-day period on May 27, 2026.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
Petition for reconsideration must be acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
The Appeals Board acted timely on the Petition for Reconsideration within the 60-day period after transmission of the case to the Appeals Board.
From the decision · page 2Preliminarily, we note that former Labor Code 2 section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that: (a) A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
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.
- If you are named in this decision and want this page removed, write to privacy@similarcase.com.