What the panel ordered
Petition for Reconsideration granted; Order Denying Petition for Credit rescinded; matter returned to WCJ for further proceedings.
Defendant sought reconsideration of an Order Denying Petition for Credit issued on March 14, 2026, which was denied due to lack of a proposed order and incomplete proof of service; the WCJ issued a report recommending rescission and further proceedings.
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 WCJ erred in denying the petition for credit without issuing a Notice of Intention (NIT) and requiring a proposed order not mandated by law, violating due process; the Appeals Board granted reconsideration, rescinded the Order, and returned the matter for further proceedings.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ denied the Petition for Credit without issuing a Notice of Intention and required a proposed order not mandated by law.
Favours Defendant prevailed
This procedural error violated due process and was grounds for rescission of the Order.
From the decision · page 4The WCJ concedes error in denying the petition. There is no explicit requirement for a proposed order to be included with every petition, and requiring such an order without more, could be a violation of due process and constitute an underground regulation.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
WCAB Rule 10555
WCAB Rule 10555 requires a petition for credit to include a copy of the settlement or judgment and an itemization of credit applied to expenses and attorney's fees.
The Board noted the petition lacked the settlement agreement and itemization but recommended a hearing to create a proper record.
From the decision · page 4We do recommend, however, that the petition be set for a hearing on the merits as the injured worker is not represented and should be apprised of his rights as it pertains to the credit. WCAB Rule 10555(b) (Cal. Code Regs., tit. 8, § 10555) requires a petition for credit to include (1) a copy of the settlement or judgement, if available; and (2) an itemization of any credit applied to expenses and attorney's fees pursuant to sections 3856, 3858, and 3860. Although it is not in evidence currently, the itemization applied to expenses and attorney's fees, but the actual
Rymer v. Hagler (1989) 211 Cal.App.3d 1171; Safeway Stores, Inc. v. Workers' Comp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d 528; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39; Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068
A petition for reconsideration may only be taken from a final order, decision, or award that determines substantive rights or threshold issues fundamental to the claim.
The WCJ's Order denying the petition was a final order affecting defendant's right to a credit, making the petition for reconsideration appropriate.
From the decision · page 3II. A petition for reconsideration may properly be taken only from a "final" order, decision, or award. (Lab. Code, § 5900(a), 5902, 5903.) A "final" order has been defined as one that either "determines any substantive right or liability of those involved in the case" (Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1180; Safeway Stores, Inc. v. Workers' Comp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d 528, 534-535 [45 Cal.Comp.Cases 410]; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39, 45 [43 Cal.Comp.Cases 661])
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, and parties must be notified of transmission by service of the Report and Recommendation.
The Board found that service of the Report and transmission of the case to the Appeals Board on April 15, 2026, satisfied the notice requirements and commencement of the 60-day period for Board 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 April 15, 2026 and the case was transmitted to the Appeals Board on April 15, 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 were provided with the notice of transmission required by section 5909(b)(1) because service of the Report in compliance with section 5909(b)(2) provided them with actual notice as to the commencement of the 60-day period on April 15, 2026.
WCJ may issue a Notice of Intention (NIT) for any proper purpose, including granting or denying a petition, to afford parties an opportunity to be heard.
The WCJ should have issued an NIT before denying the petition to provide due process; failure to do so was error and grounds for rescission.
What proof carried it
The evidence the panel weighed, by kind.
WCJ did not issue a Notice of Intention (NIT) before denying the petition, denying due process to the parties.
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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.
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