What the panel ordered
Petition for Reconsideration dismissed by the WCAB panel on October 21, 2025, with recommendation to treat the petition as one to set aside the OACR and set a hearing at the trial level.
Petition for Reconsideration filed by applicant seeking to set aside the Order Approving Compromise and Release (OACR) issued on September 19, 2016, dismissed by the WCAB panel and remanded to the trial level for hearing on merits.
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 was dismissed because the applicant failed to comply with service requirements and did not provide evidence to support allegations of fraud or new evidence to set aside the OACR.
From the decision · page 4II. Preliminarily, we observe that section 5905 requires the party seeking reconsideration to serve the petition upon all adverse parties. (§ 5905.) Failure to file proof of service may constitute grounds for dismissing the petition. (Cal. Code Regs., tit. 8, § 10940.) Here, the Petition indicates that it was mailed to Union Bank at 1251 Avenue Of The Americas, New York, NY 10020, Gallagher Bassett at P.O. Box 85013, San Diego, CA, 92186, and defendant's attorney Wai Connor at 2255 Contra Costa Blvd., Pleasant Hill, CA 94523. (Petition for Reconsideration, p. 3.) These addresses do not conform with those in the OAR, which lists Union Bank's address as 2000 Portola Ave, Livermore, CA 94551; Gallagher Bassett's as P.O. Box 2934, Clinton, IA 52733, and Wai Connor's as 2566 Overland Ave, Ste. 570, Los Angeles, CA 90064. Therefore, we admonish applicant to comply with all service requirements applicable to these proceedings.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant failed to serve the Petition for Reconsideration on adverse parties at the correct addresses.
Favours Defendant prevailed
This failure to comply with service requirements was grounds for dismissal of the petition.
From the decision · page 4II. Preliminarily, we observe that section 5905 requires the party seeking reconsideration to serve the petition upon all adverse parties. (§ 5905.) Failure to file proof of service may constitute grounds for dismissing the petition. (Cal. Code Regs., tit. 8, § 10940.) Here, the Petition indicates that it was mailed to Union Bank at 1251 Avenue Of The Americas, New York, NY 10020, Gallagher Bassett at P.O. Box 85013, San Diego, CA, 92186, and defendant's attorney Wai Connor at 2255 Contra Costa Blvd., Pleasant Hill, CA 94523. (Petition for Reconsideration, p. 3.) These addresses do not conform with those in the OAR, which lists Union Bank's address as 2000 Portola Ave, Livermore, CA 94551; Gallagher Bassett's as P.O. Box 2934, Clinton, IA 52733, and Wai Connor's as 2566 Overland Ave, Ste. 570, Los Angeles, CA 90064. Therefore, we admonish applicant to comply with all service requirements applicable to these proceedings.
No evidence was admitted to support applicant's allegations of fraud or new evidence to set aside the OACR.
Favours Defendant prevailed
Without evidence, the Board could not determine the merits of the petition, leading to dismissal.
From the decision · page 5Here, applicant alleges that the OACR was procured by fraud and that new evidence has been discovered which could not with reasonable diligence have been discovered previously and thus alleges that good cause exists to set aside the OACR. But since no evidence has been admitted in the record, we are unable to determine the merits of these allegations.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909(b)(1) and (2)
Parties must be provided notice of transmission of the case to the Appeals Board.
Service of the Report and Recommendation was held to provide notice to the parties.
From the decision · page 3Section 5909(b)(1) requires that the parties and the Appeals Board be provided with notice of transmission of the case. Transmission of the case to the Appeals Board in EAMS provides notice to the Appeals Board. Thus, the requirement in subdivision (1) ensures that the parties are notified of the accurate date for the commencement of the 60-day period for the Appeals Board to act on a petition. Section 5909(b)(2) provides that service of the Report and Recommendation shall be notice of transmission.
Labor Code section 5909(a)
Petition for reconsideration must be acted upon within 60 days of transmission to the Appeals Board.
The decision was issued on the 60th day after transmission, thus timely acting on the petition.
From the decision · page 3Under section 5909(a), the Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board. Transmission is reflected in Events in the Electronic Adjudication Management System (EAMS). Specifically, in Case Events, under Event Description is the phrase "Sent to Recon" and under Additional Information is the phrase "The case is sent to the Recon board."
Labor Code section 5905; Cal. Code Regs., tit. 8, 10940
Petitioners must serve the petition on all adverse parties; failure to file proof of service may result in dismissal.
Applicant failed to serve the petition at the correct addresses, leading to admonishment and dismissal.
From the decision · page 4II. Preliminarily, we observe that section 5905 requires the party seeking reconsideration to serve the petition upon all adverse parties. (§ 5905.) Failure to file proof of service may constitute grounds for dismissing the petition. (Cal. Code Regs., tit. 8, § 10940.) Here, the Petition indicates that it was mailed to Union Bank at 1251 Avenue Of The Americas, New York, NY 10020, Gallagher Bassett at P.O. Box 85013, San Diego, CA, 92186, and defendant's attorney Wai Connor at 2255 Contra Costa Blvd., Pleasant Hill, CA 94523. (Petition for Reconsideration, p. 3.) These addresses do not conform with those in the OAR, which lists Union Bank's address as 2000 Portola Ave, Livermore, CA 94551; Gallagher Bassett's as P.O. Box 2934, Clinton, IA 52733, and Wai Connor's as 2566 Overland Ave, Ste. 570, Los Angeles, CA 90064. Therefore, we admonish applicant to comply with all service requirements applicable to these proceedings.
Labor Code section 5803
The Appeals Board has continuing jurisdiction to rescind, alter, or amend any order for good cause.
The Board noted the continuing jurisdiction but found no evidence of good cause to set aside the OACR.
From the decision · page 4(See § 5905.) Pursuant to section 5803, "The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of [Division 4]... At any time, upon notice and after the opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor." (§ 5803.) This continuing jurisdiction includes authority to set aside an award more than five years after the date of injury based upon good cause shown. (See Smith v. Workers' Comp. Appeals Bd. (1985) 168 Cal.App.3d 1160 [50 Cal.Comp.Cases 311].) A showing of good cause to set aside an award may be based upon fraud, duress, undue influence, mutual mistake of fact, mistake of law, invalidity of execution, incompetency, or minority at the time of execution of the agreement. (See California Workers' Compensation Law (Cont. Ed. Bar 4th Ed.) § 16.61 et seq.; see also Argonaut Ins. Exch. v. Industrial Acc. Com. (1958) 49 Cal.2d 706 [23 Cal.Comp.Cases 34]; Smith, supra; Carmichael v. Industrial Acc. Com. (1965) 234 Cal.App.2d 311 [30 Cal.Comp.Cases 169]; Silva v. Industrial Acc. Com. (1924) 68 Cal. App. 510; City of
What proof carried it
The evidence the panel weighed, by kind.
Failure to file proof of service of the petition on adverse parties as required by Labor Code section 5905.
From the decision · page 4II. Preliminarily, we observe that section 5905 requires the party seeking reconsideration to serve the petition upon all adverse parties. (§ 5905.) Failure to file proof of service may constitute grounds for dismissing the petition. (Cal. Code Regs., tit. 8, § 10940.) Here, the Petition indicates that it was mailed to Union Bank at 1251 Avenue Of The Americas, New York, NY 10020, Gallagher Bassett at P.O. Box 85013, San Diego, CA, 92186, and defendant's attorney Wai Connor at 2255 Contra Costa Blvd., Pleasant Hill, CA 94523. (Petition for Reconsideration, p. 3.) These addresses do not conform with those in the OAR, which lists Union Bank's address as 2000 Portola Ave, Livermore, CA 94551; Gallagher Bassett's as P.O. Box 2934, Clinton, IA 52733, and Wai Connor's as 2566 Overland Ave, Ste. 570, Los Angeles, CA 90064. Therefore, we admonish applicant to comply with all service requirements applicable to these proceedings.
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