Actions by Workers' Compensation Judge After Petition for Reconsideration is Filed. 8 CCR § 10961

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.

• 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 →
• ADJ14649906 · 2026-03-30 · Van Nuys 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 WCJ of the proposed settlement, we will rescind the decision of which reconsideration is sought and return this matter to the trial level for the WCJ to consider the proposed settlement. We note that this is

  The District Office is precluded from acting on a case while it is pending on reconsideration.

  Official decision · page 1 →
• ADJ9806382 · 2026-03-09 · Oxnard District Office8 CCR § 10961

  Determinative passage · p.3In dismissing the Petition in the instant case, we remind the WCJ that 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

  Jurisdiction remains with district office for 15 days after filing petition for reconsideration; WCJ may rescind or amend order within that time to avoid Appeals Board action.

  Official decision · page 3 →