What the panel ordered
Petition for Reconsideration dismissed as untimely
Petition for Reconsideration filed and dismissed as untimely
This docket was decided more than once. Shown here is the latest released decision; we also hold April 5, 2024, July 13, 2023, January 21, 2022, October 25, 2021.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The petition was filed more than 25 days after service of the Findings of Fact and Order, beyond the allowed time, making it untimely and subject to dismissal.
From the decision · page 3In this case, the Petition was filed on June 11, 2025, a date more than 25 days after the service of the Findings of Fact and Order issued on May 14, 2025, and beyond whatever extension of time, if any, applicant might have been entitled to under WCAB Rule 10600.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The Petition for Reconsideration was filed on June 11, 2025, more than 25 days after the service of the Findings of Fact and Order on May 14, 2025.
Favours Defendant prevailed
This filing date exceeded the 25-day filing deadline, making the petition untimely and subject to dismissal.
From the decision · page 3In this case, the Petition was filed on June 11, 2025, a date more than 25 days after the service of the Findings of Fact and Order issued on May 14, 2025, and beyond whatever extension of time, if any, applicant might have been entitled to under WCAB Rule 10600.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10605(a)(1), 10600, 10940(a), 10615(b)
A petition for reconsideration must be filed within 25 days of service of the final decision, and must be received by the WCAB within that time; mailing within the period is insufficient.
The petition was filed more than 25 days after service, thus untimely and not subject to consideration.
From the decision · page 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. (§ 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).)
Labor Code section 5909
The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board; transmission date is the start of the 60-day period.
The case was transmitted and notice given on June 18, 2025, starting the 60-day period for the Appeals Board to act.
From the decision · page 1I. Former Labor Code section 59091 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (§ 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part: (a) A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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