Authorities as the decision cited them, with how this panel applied each one.
Perez v. Chicago Dogs (2025) 90 Cal.Comp.Cases 830
Pleadings in workers' compensation proceedings are liberally construed and may be amended to conform to proof to avoid depriving the Board of jurisdiction.
Even if the Petition to Vacate was not properly a petition for reconsideration, it should have been treated as one to protect due process rights.
From the decision · page 6In our recent en banc opinion in Perez v. Chicago Dogs (2025) 90 Cal.Comp.Cases 830,
838 ("Chicago Dogs"), we held that: "In workers' compensation proceedings, pleadings are
liberally construed and may be amended to conform to proof." We reiterated that:
Labor Code section 5277(a)
Labor Code section 5277(a) requires service of the WCA's findings and award on all parties within 30 days of submission for decision.
The failure to serve Avo's with the Findings and Order rendered it void ab initio.
From the decision · page 8Given the above circumstances, we conclude that the arbitration proceedings as conducted
violated Avo's right to due process. More significantly, the F&O was intentionally not served on
Avo's. This was not disputed by the parties. Given that this is in clear contravention to section
5277(a), which requires service on all parties, the F&O is void ab initio and must be vacated.
Labor Code sections 5900(a), 5903; WCAB Rules 10600, 10605(a)(1)
A petition for reconsideration must be timely filed within 25 days of service of a final decision to be considered by the Appeals Board.
Avo's Petition to Vacate was timely filed within 20 days of receipt of the Findings and Order.
From the decision · page 5There 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,
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).)
WCAB Rule 10995
WCAB Rule 10995 allows a WCA to rescind or amend a decision upon receipt of a petition for reconsideration.
The WCA has independent authority to amend or correct a decision for good cause and may rescind or amend a decision once a petition for reconsideration is filed.
From the decision · page 7proceedings were conducted without the participation of Avo's as a necessary party and that Avo's
was not served with the F&O -- the WCA took no steps to remedy the problem. Instead, he
responded that Republic's consent was required to vacate the F&O. This response has no legal
basis. A WCA has independent authority to amend or correct a decision for good cause under
section 5803 and WCAB Rule 10966 (Cal. Code Regs., tit. 8, § 10966) and may rescind or amend
a decision under WCAB Rule 10995 once a petition for reconsideration is filed.