This section has been repealed. It stays here because decisions applied it while it stood, and those decisions are unreadable without it. Do not rely on it as current law.
Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 7. Petitions, Pleadings and Forms
The regulation, as printed
The state publishes this section as a document rather than as text. Open the official copy below.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Section 5316, Labor Code.
1. Amendment of section heading and section filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 2. Amendment of section heading, section and Note filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47). 3. Renumbering of former section 10507 to section 10605 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10507, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ10055263 · 2024-03-29 · Fresno District Office8 CCR § 10507
Determinative passage · p.1There 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, § 10507(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, § 10508.) To be timely,
The petition was timely filed within 20 days; failure to act by Appeals Board within 60 days was due to administrative error, tolling the time limit.
Official decision · page 1 → - ADJ13430791 · 2024-03-13 · Stockton District Office8 CCR § 10507
Determinative passage · p.2I. 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, § 10507(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, § 10508.) To be timely, however, a petition for reconsideration must be filed with (i.e., received by) the Appeals Board within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, § 10845(a), 10392(a).) 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, 656]; Rymer v.
Defendant's petition was timely due to defective service of Award on applicant.
Official decision · page 2 → - ADJ7232076 · 2011-09-268 CCR § 10507
Determinative passage · p.1111 Although Labor Code section 4062.2(b) may not explicitly require "service" of the AME proposal, the wise practitioner will
The Appeals Board applied these standards to hold that the time period for agreeing on an AME is extended by five days when the first written proposal is mailed, making the QME panel requests premature.
Official decision · page 11 →
Rules beside this one
Article 7. Petitions, Pleadings and Forms — regulations rarely stand alone, and the answer is often two sections away.