What the panel ordered
Petition for Reconsideration granted; final decision after reconsideration deferred pending further review of merits and entire record.
Petition for Reconsideration of the March 2, 2026 Opinion and Order Denying Petition for Reconsideration was granted, and final decision after reconsideration deferred pending further review.
This docket was decided more than once. Shown here is the latest released decision; we also hold March 2, 2026.
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 due to failure to provide proper notice of transmission and to allow further review of the merits and entire record.
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 April 6, 2026, starting the 60-day period for action on the petition.
Favours Applicant prevailed
This established the deadline for the Appeals Board to act on the Petition for Reconsideration, which was timely met by issuing this decision on June 5, 2026.
From the decision · page 2Here, according to Events, the case was transmitted to the Appeals Board on April 6, 2026 and 60 days from the date of transmission is June 5, 2026. This decision is issued by or on June 5, 2026, so that we have timely acted on the petition as required by section 5909(a).
The parties were not provided with notice of transmission of the case to the Appeals Board as required by section 5909(b)(1).
Favours Applicant prevailed
This failure justified granting reconsideration to allow further review of the merits and entire record.
From the decision · page 3Here, we did not receive a Report from the WCJ because the Petition for Reconsideration was filed from our March 2, 2026 Opinion and Order Denying Petition for Reconsideration. 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 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 April 6, 2026.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
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.
From the decision · page 2Preliminarily, we note that former Labor Code1 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:
California Code of Regulations, title 8, section 9795.3(b)(1)
California Code of Regulations, title 8, section 9795.3(b)(1)
The regulation requires notice to parties and the Appeals Board of case transmission to start the 60-day period for acting on a petition for reconsideration.
From the decision · page 6(Cal. Code Regs., tit. 8, § 9795.3(b)(1)(emphasis added.)
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About this page
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