What the panel ordered
Petition for Reconsideration dismissed as untimely filed.p. 3
Petition for Reconsideration filed by Applicant was reviewed by the WCJ and then by the Appeals Board panel.
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 petition for reconsideration was filed after the 25-day deadline from the final decision, making it untimely and jurisdictionally barred.
From the decision · page 3however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, §§ 10940(a), 10615(b).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) In this case, the WCJ issued the Joint Findings of Fact and Orders on February 5, 2026. Based on the authority cited above, applicant had until Monday, March 2, 2026 to seek reconsideration. EAMS reflects that applicant filed the Petition for Reconsideration on April 7, 2026. Therefore, it was untimely filed and will be dismissed. If we were not dismissing the petition as untimely, we would deny it on the merits for the reasons stated by the WCJ in the Report.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The final decision was served on February 5, 2026, starting the 25-day period for filing a petition for reconsideration.
Favours Defendant prevailed
This fact establishes the deadline for timely filing the petition.
From the decision · page 3however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, §§ 10940(a), 10615(b).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) In this case, the WCJ issued the Joint Findings of Fact and Orders on February 5, 2026. Based on the authority cited above, applicant had until Monday, March 2, 2026 to seek reconsideration. EAMS reflects that applicant filed the Petition for Reconsideration on April 7, 2026. Therefore, it was untimely filed and will be dismissed. If we were not dismissing the petition as untimely, we would deny it on the merits for the reasons stated by the WCJ in the Report.
The petition for reconsideration was filed on April 7, 2026, which is after the 25-day deadline.
Favours Defendant prevailed
Filing after the deadline makes the petition untimely and subject to dismissal.
From the decision · page 3however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, §§ 10940(a), 10615(b).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) In this case, the WCJ issued the Joint Findings of Fact and Orders on February 5, 2026. Based on the authority cited above, applicant had until Monday, March 2, 2026 to seek reconsideration. EAMS reflects that applicant filed the Petition for Reconsideration on April 7, 2026. Therefore, it was untimely filed and will be dismissed. If we were not dismissing the petition as untimely, we would deny it on the merits for the reasons stated by the WCJ in the Report.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909; Cal. Code Regs., tit. 8, §§ 10940(a), 10615(b)
A petition for reconsideration must be filed within 25 days of the final decision to be timely.
The petition was filed on April 7, 2026, after the March 2, 2026 deadline, thus untimely.
From the decision · page 3however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, §§ 10940(a), 10615(b).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) In this case, the WCJ issued the Joint Findings of Fact and Orders on February 5, 2026. Based on the authority cited above, applicant had until Monday, March 2, 2026 to seek reconsideration. EAMS reflects that applicant filed the Petition for Reconsideration on April 7, 2026. Therefore, it was untimely filed and will be dismissed. If we were not dismissing the petition as untimely, we would deny it on the merits for the reasons stated by the WCJ in the Report.
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