Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 18. Reconsideration, Removal and Disqualification
The regulation, as printed
(a) Petitions for reconsideration, removal, or disqualification and answers shall be filed in EAMS or with the district office having venue in accordance with Labor Code section 5501.5 unless otherwise provided. Petitions for reconsideration of decisions after reconsideration of the Appeals Board shall be filed with the office of the Appeals Board. Petitions filed in EAMS pursuant to this rule must comply with rules 10205.10-10205.14. (b) No duplicate copies shall be filed with any district office or with the Appeals Board. No documents sent directly to the Appeals Board by fax or e-mail will be accepted for filing, unless otherwise ordered by the Appeals Board. (c) Every petition and answer shall be verified upon oath in the manner required for verified pleadings in courts of record. A verification and a proof of service shall be attached to each petition and answer. Failure to file a proof of service shall constitute valid ground for dismissing the petition. (d) A petition shall not exceed 25 pages and an answer shall not exceed 10 pages unless allowed by the Appeals Board. Any verification, proof of service, exhibit, document cover sheet or document separator sheet filed with the petition or answer shall not be counted in determining the page limitation. Upon its own motion or upon a showing of good cause, the Appeals Board may allow the filing of a petition or answer that exceeds the page limitations. A request to exceed the page limitations shall be made by a separate petition, made under penalty of perjury, that specifically sets forth reasons why the request should be granted. (e) If the petition seeks removal or reconsideration of an arbitrator's decision or disqualification of an arbitrator, the petition and any answer shall be served on the arbitrator and all affected parties in accordance with rule 10610.
The statute above this rule
Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.
ImplementsLabor Code § 5900Labor Code § 5902Labor Code § 5905
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5501.5, 5900, 5902 and 5905, Labor Code.
1. Amendment filed 6-28-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 27). 2. Amendment of last paragraph filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 3. Repealer of article 19 heading, new article 18 heading and 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).
What panels did with this rule
Released decisions that named § 10940, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ12333976 · 2026-06-08 · Riverside District Office8 CCR § 10940
Determinative passage · p.7Turning now to the merits of the Petitions, we remind the parties that 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 considered 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) 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 & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].)
Applied to dismiss defendant's untimely petition for reconsideration of the February 1, 2021 Findings.
Official decision · page 7 → - ADJ9108437 · 2025-10-21 · San Jose District Office8 CCR § 10940
Determinative passage · p.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.
Applicant failed to serve the petition at the correct addresses, leading to admonishment and dismissal.
Official decision · page 4 → - ADJ771417 · 2025-07-25 · San Diego District Office8 CCR § 10940
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 → - ADJ2606119 · 2025-07-15 · Anaheim District Office8 CCR § 10940
Determinative passage · p.4The Petition for Reconsideration in this matter was filed on May 7, 2025. Thus, the filing date of the petition was more than a year after the service of the Dismissal Order on April 17, 2024, and well over the 25 days permitted by law. (Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1).) It was also well beyond any extension of time applicant might have been entitled to under WCAB Rule 10600. Therefore, the Petition for Reconsideration is untimely and subject to dismissal. As the time limit for filing a reconsideration petition is jurisdictional, we have no authority to consider or act upon an untimely petition for reconsideration. (Maranian, supra, 81 Cal.App.4th at p. 1076; Rymer v. Hagler, supra, 211 Cal.App.3d at p. 1182; Scott, supra, 122 Cal.App.3d at p. 984; Hinojoza, supra, 201 Cal.App.2d at p. 549.)
The petition was filed more than a year after the applicant received the dismissal order, thus untimely and subject to dismissal.
Official decision · page 4 → - ADJ11722162 · 2025-06-13 · Van Nuys District Office8 CCR § 10940
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 § 10940
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 → - ADJ12642822 · 2025-01-06 · Oakland District Office8 CCR § 10940
Determinative passage · p.3II. The record reflects that on April 23, 2024, the WCJ issued an order compelling applicant to attend a medical evaluation. Applicant filed the instant Petition for Reconsideration in response. 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.
The petition was filed more than 25 days after the order, was not from a final order, and the underlying dispute was resolved, making the petition moot.
Official decision · page 3 → - ADJ20015360 · 2024-12-06 · Los Angeles District Office8 CCR § 10940
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 →
Rules beside this one
Article 18. Reconsideration, Removal and Disqualification — regulations rarely stand alone, and the answer is often two sections away.
- § 10942Service. [Repealed]
- § 10944Notice of Hearing. [Repealed]
- § 10945Required Content of Petitions for Reconsideration, Removal, Disqualification and Answers.36 decisions
- § 10946Medical Reports in Subsequent Injuries Benefits Trust Fund Cases. [Repealed]
- § 10950Petitions Appealing Orders Issued by the Administrative Director. [Repealed]
- § 10952Appeal of Notice of Compensation Due. [Repealed]