Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, § 5909
Petition for reconsideration must be acted upon within 60 days of transmission to the Appeals Board.
The case was transmitted to the Appeals Board on January 26, 2026, and the petition was acted upon within the 60-day period.
From the decision · page 2I.
Former 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:
Lab. Code §§ 5903, 5952(d); Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473; Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 274; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627
Appeals Board decisions must be based on admitted evidence and supported by substantial evidence.
The record was minimal and devoid of facts necessary to support the WCJ's decision; an adequate record is required for jurisdictional determinations.
From the decision · page 3II.
Decisions of the Appeals Board "must be based on admitted evidence in the
record." (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476
(Appeals Board en banc).) Furthermore, decisions of the Appeals Board must be supported by
substantial evidence. (Lab. Code1, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd.
(1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970)
3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1
Cal.3d 627 [35 Cal.Comp.Cases 16].) An adequate and complete record is necessary to understand
the basis for the WCJ's decision. (§ 5313; Cal. Code Regs., tit. 8, § 10761; see Cal. Code Regs.,
tit. 8, § 10151 [judgment on the pleadings not permitted].)
Here, the record is devoid of the facts that are alleged in the parties' various Petitions. If
the parties agree upon the facts, they may enter into stipulations of fact to assist in resolving a
dispute. Absent stipulations of fact, a record must be created.
Next, and to the extent that the parties question the WCAB's jurisdiction over their dispute,
it appears that the WCJ correctly advised the parties that the WCAB does not have jurisdiction
Lab. Code, § 3850 et seq.
The WCAB does not have jurisdiction over third parties; relief against third parties must be brought as a civil action.
The WCAB correctly advised that only civil courts have jurisdiction over third-party settlements and disbursements absent an agreement approved by the WCAB.
From the decision · page 4over the third party because relief against the third party tortfeasor may only be brought as a civil
action. Only the civil court has jurisdiction to determine how the settlement between applicant and
the third party is carried out, and any dispute would be a question for the court of appropriate
jurisdiction to decide. Pursuant to section 3850 et seq., applicant's remedy is to file a civil action
against the third party.
Cal. Code Regs., tit. 8, § 10109
A reasonable investigation must be conducted to timely provide benefits.
Defendant is reminded to promptly file a petition for credit if seeking credit from third-party settlement funds.
From the decision · page 5Upon return, we encourage the parties to negotiate this issue in good faith. Absent an
agreement, and if defendant is seeking a credit from third-party settlement funds, defendant should
promptly file a petition for credit. Defendant is reminded that: "A reasonable investigation must
attempt to obtain the information needed to determine and timely provide each benefit[.]" (Cal.
Code Regs., tit. 8, § 10109 (emphasis added).)