What the panel ordered
Petition for reconsideration granted; Order Approving Compromise and Release rescinded; case returned to trial levelp. 3
Petition for reconsideration granted, original decision rescinded, case returned to trial level for further proceedings
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The Appeals Board granted the petition for reconsideration, rescinded the prior decision, and returned the matter to the trial level because the WCJ's Order Approving Amended Compromise and Release was void while the matter was pending reconsideration.
From the decision · page 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 facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Petition for Reconsideration was filed on July 1, 2026
Favours Applicant prevailed
Triggered the 60-day period for the Appeals Board to act on the petition under Lab. Code, § 5909(a).
From the decision · page 2provided 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(a).) Here, the Petition for Reconsideration was filed on July 1, 2026, and 60 days from the date of filing is Sunday, August 30, 2026. The next business day that is 60 days from the date of filing is Monday, August 31, 2026. (See Cal. Code Regs., tit. 8, § 10600(b).) 2 This decision is issued by 1F
WCJ issued Order Approving Amended Compromise and Release on July 27, 2026, while matter was pending reconsideration
Favours Applicant prevailed
The order is void under Cal. Code Regs., tit. 8, § 10961, requiring rescission and reissuance.
From the decision · page 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 rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, § 5909(a)
Petition for reconsideration deemed denied unless acted on within 60 days from filing
The petition was timely acted upon on August 26, 2026, before the 60-day deadline of August 31, 2026.
From the decision · page 2provided 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(a).) Here, the Petition for Reconsideration was filed on July 1, 2026, and 60 days from the date of filing is Sunday, August 30, 2026. The next business day that is 60 days from the date of filing is Monday, August 31, 2026. (See Cal. Code Regs., tit. 8, § 10600(b).) 2 This decision is issued by 1F
Cal. Code Regs., tit. 8, § 10961
District offices are precluded from acting on a case while it is 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.
From the decision · page 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.
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About this page
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