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
Within 15 days of the timely filing of a petition for reconsideration, a workers' compensation judge shall perform one of the following actions: (a) Prepare a Report and Recommendation on Petition for Reconsideration in accordance with rule 10962; (b) Rescind the entire order, decision or award and initiate further proceedings within 30 days; or (c) Rescind the order, decision or award and issue an amended order, decision or award. The time for filing a petition for reconsideration pursuant to Labor Code section 5903 will run from the filing date of the amended order, decision or award. After 15 days have elapsed from the filing of a petition for reconsideration, a workers' compensation judge shall not issue any order in the case until the Appeals Board has denied or dismissed the petition for reconsideration or issued a decision after reconsideration.
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 § 5903Labor Code § 5906Labor Code § 5907Labor Code § 5908.5
Authority and history
Note: Authority cited: Section 5307, Labor Code. Reference: Sections 5903, 5906, 5907 and 5908.5, Labor Code.
1. Renumbering of former section 10859 to section 10961, including amendment of section heading, section and Note, 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 § 10961, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ17444653 · 2026-08-26 · Sacramento District Office8 CCR § 10961
Determinative passage · p.1The Appeals Board has been advised that, while this matter has been pending on reconsideration, a proposed amended settlement was reached. Therefore, we will grant reconsideration, rescind the decision from which reconsideration is sought, and return this matter to the trial level. However, while this matter was pending on reconsideration, the workers’ compensation administrative law judge (WCJ) issued an Order Approving Amended Compromise and Release on July 27, 2026. Because district offices are precluded from acting on a case while it is pending on reconsideration, (Cal. Code Regs., tit. 8, § 10961), the July 27, 2026 Order Approving Amended Compromise and Release is void and should be reissued. If the WCJ does not approve and reissue the amended settlement, the WCJ may issue an order reinstating the original decision and any aggrieved person may timely seek reconsideration from the reinstated decision. This is not a final decision on the merits of any of the issues pending on reconsideration.
The WCJ's Order Approving Amended Compromise and Release issued on July 27, 2026, while the matter was pending reconsideration, is void and must be reissued.
Official decision · page 1 → - ADJ11410505 · 2026-08-24 · Van Nuys District Office8 CCR § 10961
Determinative passage · p.2The undersigned received Defendant’s Petition for Reconsideration around 6/6/2026, and based thereon, the Findings and Award were vacated on 6/10/2026. It was not answered since the Award was vacated under Cal. Code of Regs. sec. 10961.
The WCJ vacated the Findings and Award within the 15-day period after the petition for reconsideration was filed, rendering the petitions moot and justifying the Order Vacating Findings and Award.
Official decision · page 2 → - ADJ21537607 · 2026-06-29 · Sacramento District Office8 CCR § 10961
Determinative passage · p.10In the absence of a record, we are unable to evaluate petitioner's contentions. Consequently, we dismiss the Petition for Reconsideration as premature and return the matter to the WCJ for further proceedings consistent with this opinion. We direct the parties and the WCJ to the en banc decision in Gaines for guidance with respect to approval of C&Rs that both WCJs and parties must follow. Upon return of this matter to the trial level, the WCJ may treat the Petition as a petition to set aside the OACR, conduct further proceedings, and create a record as to whether there are grounds for setting aside the OACR. After the WCJ issues a decision, any aggrieved party may timely seek reconsideration.
The petition was dismissed as premature because the WCJ had not acted within the required time frame and the matter was returned to the trial level for further proceedings.
Official decision · page 10 → - ADJ10898792 · 2026-06-16 · Anaheim District Office8 CCR § 10961
Determinative passage · p.1Since the District Office is precluded from acting on a case while it is pending on reconsideration (Cal. Code Regs., tit. 8, § 10961), in order to permit review by the workers' compensation administrative law judge (WCJ) of the proposed settlement, we will rescind the decision from which reconsideration is sought and return this matter to the trial level for the WCJ to consider the proposed settlement. If the WCJ does not approve the settlement, the WCJ may issue an order reinstating the original decision and any aggrieved person may timely seek reconsideration from the reinstated decision. This is not a final decision on the merits of any of the issues pending on reconsideration.
This regulation was applied to justify rescinding the prior decision and returning the matter to the trial level for settlement review.
Official decision · page 1 → - ADJ21267547 · 2026-06-15 · Van Nuys District Office8 CCR § 10961
Determinative passage · p.2Next, WCAB Rule 10961 (Cal. Code Regs., tit. 8, § 10961) provides that jurisdiction remains with the district office for 15 days after the timely filing of a petition for reconsideration and sets forth three actions that a WCJ may take in response: (a) The WCJ may prepare a report and transfer jurisdiction to the Appeals Board to address the merits of the petition (Cal. Code Regs., tit. 8, § 10961(a); see Cal. Code Regs., tit. 8, § 10962); (b) The WCJ may rescind the entire order, decision or award and initiate proceedings within 30 days (Cal. Code Regs., tit. 8, § 10961(b)); or (c) The WCJ may rescind the order, decision or award and issue an amended order, decision or award, and a new petition for reconsideration must be filed in response to the amended order, decision or award (Cal. Code Regs., tit. 8, § 10961(c)).
The WCJ issued an amended order while the matter was pending before the Appeals Board, which is procedurally improper.
Official decision · page 2 → - ADJ12790054 · 2026-06-11 · Oakland District Office8 CCR § 10961
Determinative passage · p.1Since the District Office is precluded from acting on a case while it is pending on reconsideration (Cal. Code Regs., tit. 8, § 10961), in order to permit review by the workers' compensation administrative law judge (WCJ) of the proposed settlement, we will rescind the decision from which reconsideration is sought and return this matter to the trial level for the WCJ to consider the proposed settlement. If the WCJ does not approve the settlement, the WCJ may issue an order reinstating the original decision and any aggrieved person may timely seek reconsideration from the reinstated decision. This is not a final decision on the merits of any of the issues pending on reconsideration.
This regulation was applied to justify rescinding the prior decision and returning the matter to the trial level for settlement consideration.
Official decision · page 1 → - ADJ14728819 · 2026-05-07 · Oxnard District Office8 CCR § 10961
Determinative passage · p.1Since the District Office is precluded from acting on a case while it is pending on reconsideration (Cal. Code Regs., tit. 8, § 10961), in order to permit review by the workers' compensation administrative law judge (WCJ) of the proposed settlement, we will rescind the decision from which reconsideration is sought and return this matter to the trial level for the WCJ to consider the proposed settlement. If the WCJ does not approve the settlement, the WCJ may issue an order reinstating the original decision and any aggrieved person may timely seek reconsideration from the reinstated decision. This is not a final decision on the merits of any of the issues pending on reconsideration.
This regulation was the basis for rescinding the decision and returning the matter to the WCJ for consideration of the proposed settlement.
Official decision · page 1 → - ADJ16131890 · 2026-05-05 · Anaheim District Office8 CCR § 10961
Determinative passage · p.5Pursuant to WCAB Rule 10961, no WCJ or WCA shall issue any order in a case until the Appeals Board has denied or dismissed the petition for reconsideration or issued a decision after reconsideration. (Cal. Code Regs., tit. 8, § 10961.) One of the purposes of WCAB Rule 10961 is to avoid inconsistent rulings and to prevent bifurcation. Thus, under WCAB Rule 10961, the WCA lacked authority to issue the decision of February 11, 2026, and we conclude that it is void ab initio. Consequently, we will vacate it, and we will dismiss applicant's Petition for Reconsideration in response to the February 11, 2026 decision.
WCA lacked authority to issue the February 11, 2026 decision while reconsideration was pending.
Official decision · page 5 →
Rules beside this one
Article 18. Reconsideration, Removal and Disqualification — regulations rarely stand alone, and the answer is often two sections away.
- § 10957.1Petition Appealing Independent Medical Review Determination of the Administrative Director. [Renumbered]
- § 10958Hearing and Burden of Proof. [Repealed]
- § 10959Petition Appealing Medical Provider Network Determination of the Administrative Director. [Renumbered]
- § 10960Petition for Disqualification of Workers' Compensation Judge.109 decisions
- § 10962Report of Workers' Compensation Judge.3 decisions
- § 10964Supplemental Petitions.7 decisions