Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 9. Filing and Service of Documents
The regulation, as printed
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 126, 5500.3, 5501.5 and 5501.6, Labor Code.
1. Repealer and new section filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 52). 2. Editorial correction of first sentence (Register 96, No. 5). 3. Amendment of section heading, repealer and new section and new Note filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 4. Repealer and new section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51). 5. Amendment filed 12-15-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for filing and printing only pursuant to Government Code section 11351 (Register 2021, No. 51).
What panels did with this rule
Released decisions that named § 10615, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ19948405 · 2026-01-16 · Oakland District Office8 CCR § 10615
Determinative passage · p.2insufficient. (Cal. Code Regs., tit. 8, § 10615(b), 10940(a).) The Petition in this matter was filed on December 1, 2025. This was more than 30 days after the service of the WCJ's orders on September 9, 2025 and beyond whatever extension of time, if any, applicant might have been entitled to under WCAB Rule 10600. Thus, we will dismiss the Petition for Removal.
The Petition for Removal was filed more than 30 days after service of the WCJ's orders and was therefore untimely.
Official decision · page 2 → - ADJ14930871 · 2025-11-03 · Santa Ana District Office8 CCR § 10615
Determinative passage · p.5A petition for reconsideration of an arbitrator's decision or award made pursuant to the mandatory or voluntary arbitration provisions of sections 5270 through 5275 shall be filed in EAMS or with the district office having venue in accordance with section 5501.5. (Cal. Code Regs., tit. 8, § 10995.)
The Appeals Board found the record incomplete and ordered compliance with these rules to protect due process rights.
Official decision · page 5 → - ADJ771417 · 2025-07-25 · San Diego District Office8 CCR § 10615
Determinative passage · p.2II. 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)
The petition was filed after the 25-day period and the Appeals Board dismissed it as untimely.
Official decision · page 2 → - ADJ11722162 · 2025-06-13 · Van Nuys District Office8 CCR § 10615
Determinative passage · p.3II. Turning now to the merits of the Petition, there are 20 days allowed within which to file for reconsideration from a "final" decision. (Lab. Code, § 5900(a), 5903.) This time limit is extended by 5 calendar days to allow for service upon an address within California. (Cal. Code Regs., tit. 8, § 10605(a)(1).) It is further 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 considered 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).) 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 & 2 Foundry Co. v. Industrial Acc.
The Appeals Board dismissed the petition as untimely because it was filed after the 20-day deadline.
Official decision · page 3 → - ADJ17388371 · 2025-01-24 · Lodi District Office8 CCR § 10615
Determinative passage · p.3The petition in this matter was filed on November 21, 2024. This was more than 25 days after the service of the WCJ's decision and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600.
The petition was filed more than 25 days after service of the WCJ's decision and beyond any extension allowed, making it untimely and depriving the Appeals Board of jurisdiction to consider it.
Official decision · page 3 → - ADJ20015360 · 2024-12-06 · Los Angeles District Office8 CCR § 10615
Determinative passage · p.1It has come to the attention of the Appeals Board that defendant City of Los Angeles has sought reconsideration of the decision issued on June 4, 2024, by a workers' compensation arbitrator (WCA) under Labor Code1 section 3201.7. The Petition for Reconsideration is attached as an exhibit to the Writ of Review filed with the Second Appellate District on October 28, 2024, and served on the Appeals Board at WCABWritUnit@dir.ca.gov.
The Appeals Board reviewed the procedural history and rules regarding filing and timeliness, accepted the petition despite email filing error, and granted reconsideration to ensure due process.
Official decision · page 1 → - ADJ14138693 · 2024-11-26 · Santa Rosa District Office8 CCR § 10615
Determinative passage · p.3Cal. 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).)
The petitions filed on July 31, 2024 and October 9, 2024 were dismissed as untimely because they were filed after the 25-day deadline from the May 10, 2024 Findings and Order.
Official decision · page 3 → - ADJ13196307 · 2024-11-25 · Oakland District Office8 CCR § 10615
Determinative passage · p.3We find applicant's Petitions untimely. 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 and 30 days if the decision has been served by mail upon an address outside of California but within the United States. (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 Appeals Board 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).) Petitions for reconsideration of decisions after reconsideration of the Appeals Board shall be filed with the office of the Appeals Board. (Cal. Code Regs., tit. 8, § 10940(a).)
Applied to dismiss the petition for reconsideration as untimely.
Official decision · page 3 →
Rules beside this one
Article 9. Filing and Service of Documents — regulations rarely stand alone, and the answer is often two sections away.
- § 10610Filing and Service of Documents.1 decisions
- § 10616Employer-Maintained Medical Records. [Repealed]
- § 10617Restrictions on the Rejection for Filing of Documents Subject to a Statute of Limitations or a Jurisdictional Time Limitation.10 decisions
- § 10618X-Rays. [Renumbered]1 decisions
- § 10619Subpoena of X-Rays. [Repealed]
- § 10620Filing Proposed Exhibits.2 decisions