ADJ16489247 · January 14, 2026

The Appeals Board concluded the Petition for Reconsideration was premature because the WCJ had not created a complete record with evidence and testimony for review, thus the matter was returned to the WCJ for further proceedings.

From the decision · page 1Defendant seeks reconsideration of the First Amended Order Approving Compromise and Release (OACR) issued by the workers' compensation administrative law judge (WCJ) on October 20, 2025.

The WCJ failed to enter any testimony or evidence into the record at the status conference hearing on October 8, 2025.

Favours Defendant prevailed

Without a complete record, the Appeals Board cannot make a decision on the Petition for Reconsideration and must return the matter to the WCJ for further proceedings.

From the decision · page 5In the instant case, as the moving party, defendant has the burden of proof to show, by a preponderance of the evidence, they should be relieved from the C&R entered into with applicant. (See Lab. Code, § 5705 [the burden of proof rests upon the party with the affirmative of the issue]; see also Lab. Code, § 3202.5 ["All parties and lien claimants shall meet the evidentiary burden of proof on all issues by a preponderance of the evidence"].) Once defendant filed the Petition to Set Aside the OACR that was issued on August 12, 2025, the WCJ held a status conference that the parties attended on October 8, 2025. However, the WCJ failed to enter any testimony or evidence into a record at the hearing. Therefore, we cannot make a decision without giving the parties an opportunity to be heard and for the WCJ to create a complete record for our review.

Labor Code section 5909

A petition for reconsideration is deemed denied unless the Appeals Board acts on the petition within 60 days from the date a trial judge transmits a case to the Appeals Board.

The Appeals Board acted timely on the petition within the 60-day period from transmission on November 17, 2025 to January 16, 2026.

From the decision · page 2Preliminarily, 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. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:

Labor Code section 5803

The Appeals Board has continuing jurisdiction to rescind, alter, or amend any order, decision, or award for good cause upon notice and opportunity to be heard.

The Appeals Board may rescind or amend orders for good cause, but requires a complete record and opportunity to be heard before doing so.

From the decision · page 3II. Subject to the limitations of Labor Code section 5804, "The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of [Division 4]... At any time, upon notice and after the opportunity to be heard is given to the parties

Labor Code sections 5705 and 3202.5

The burden of proof rests upon the party with the affirmative of the issue, and all parties must meet the evidentiary burden by a preponderance of the evidence.

Defendant, as the moving party, has the burden to prove they should be relieved from the C&R by a preponderance of the evidence.

From the decision · page 5In the instant case, as the moving party, defendant has the burden of proof to show, by a preponderance of the evidence, they should be relieved from the C&R entered into with applicant. (See Lab. Code, § 5705 [the burden of proof rests upon the party with the affirmative of the issue]; see also Lab. Code, § 3202.5 ["All parties and lien claimants shall meet the evidentiary burden of proof on all issues by a preponderance of the evidence"].) Once defendant filed the Petition to Set Aside the OACR that was issued on August 12, 2025, the WCJ held a status conference that the parties attended on October 8, 2025. However, the WCJ failed to enter any testimony or evidence into a record at the hearing. Therefore, we cannot make a decision without giving the parties an opportunity to be heard and for the WCJ to create a complete record for our review.

The WCJ failed to enter any testimony or evidence into the record at the status conference hearing on October 8, 2025.

From the decision · page 5In the instant case, as the moving party, defendant has the burden of proof to show, by a preponderance of the evidence, they should be relieved from the C&R entered into with applicant. (See Lab. Code, § 5705 [the burden of proof rests upon the party with the affirmative of the issue]; see also Lab. Code, § 3202.5 ["All parties and lien claimants shall meet the evidentiary burden of proof on all issues by a preponderance of the evidence"].) Once defendant filed the Petition to Set Aside the OACR that was issued on August 12, 2025, the WCJ held a status conference that the parties attended on October 8, 2025. However, the WCJ failed to enter any testimony or evidence into a record at the hearing. Therefore, we cannot make a decision without giving the parties an opportunity to be heard and for the WCJ to create a complete record for our review.