What the panel ordered
Defendant's Petition for Reconsideration is granted; final decision after reconsideration is deferred pending further review of the merits and the entire record.
Defendant filed a Petition for Reconsideration of the WCJ's Findings and Order issued on February 17, 2026, which was granted by the Appeals Board on May 22, 2026, deferring final decision pending further review.
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 found the defendant's Petition for Reconsideration timely filed despite initial errors and granted reconsideration to allow further review of the merits and the entire record.
From the decision · page 2I. We first address the timeliness of defendant's petition. There are 25 days allowed within which to file a petition for reconsideration from a "final" decision that has been served by mail upon an address in California. (Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) To be timely, however, 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.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant filed the Petition for Reconsideration on March 6, 2026, with the wrong case number but corrected it on April 13, 2026.
Favours Defendant prevailed
This correction allowed the Appeals Board to accept the petition as timely filed, granting jurisdiction to reconsider the case.
From the decision · page 2Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) In this case, the WCJ issued the decision on February 17, 2026. Based on the authority cited above, defendant had until Monday, March 16, 2026 to file a timely Petition for Reconsideration. Defendant filed a Petition for Reconsideration listing Case No. ADJ20567579, the wrong case number, in the caption on March 6, 2026. On April 13, 2026, defendant filed an Amended Petition for Reconsideration in Case No. ADJ20905066 to correct the case number listed on the caption of the Petition for Reconsideration filed on March 6, 2026. Pursuant to WCAB Rule 106172, we accept defendant's Petition for Reconsideration as timely filed in Case No. ADJ20905066.
The case was transmitted to the Appeals Board on March 23, 2026, and the Report and Recommendation was served the same day.
Favours Defendant prevailed
This transmission and service triggered the 60-day period within which the Appeals Board must act on the petition, ensuring timely action.
From the decision · page 3Here, according to the proof of service for the Report and Recommendation by the workers' compensation administrative law judge, the Report was served on March 23, 2026, and the case was transmitted to the Appeals Board on March 23, 2026. Service of the Report and transmission of the case to the Appeals Board occurred on the same day. Thus, we conclude that the parties
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, §§ 10605(a)(1), 10600, 10940(a), 10615(b)
A petition for reconsideration must be filed within 25 days of a final decision and received by the WCAB within that time; mailing alone is insufficient.
The defendant's petition was initially filed with the wrong case number but was accepted as timely after correction.
From the decision · page 2I. We first address the timeliness of defendant's petition. There are 25 days allowed within which to file a petition for reconsideration from a "final" decision that has been served by mail upon an address in California. (Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) To be timely, however, 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.
Lab. Code, § 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 23, 2026, and the decision was issued on May 22, 2026, within the 60-day period.
From the decision · page 3II. Next, we note that 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: (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.
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