ADJ17796698 — California WCAB decision

What the panel ordered

Petition for Reconsideration and Amended Petition for Reconsideration dismissed as moot.

Petition for Reconsideration and Amended Petition for Reconsideration filed by applicant challenging the Order Dismissing Inactive Case issued by the WCJ on August 13, 2025, which was rescinded by the WCJ on September 9, 2025, and the petitions were dismissed as moot by the Appeals Board on January 12, 2026.

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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.

Reconsideration / removalDefendant prevailed

The WCJ rescinded the dismissal order within the 15-day jurisdiction period, rendering the petition moot, and the Appeals Board dismissed the petition for reconsideration and amended petition as moot.

From the decision · page 5Here, the WCJ rescinded the Dismissal Order within the 15-day period, rendering the Petition moot. Since jurisdiction has been transferred to the Appeals Board, the Petition for Reconsideration will be dismissed. (Cal. Code Regs., tit. 8, § 10961(b).) Applicant's Amended Petition will also be dismissed as moot, since it was filed after the Order Rescinding, and thus challenges an order that no longer exists.

The facts that decided it

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code section 5909

Petition for reconsideration is deemed denied unless acted upon within 60 days from the date a trial judge transmits a case to the appeals board.

The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board, which is reflected in the Electronic Adjudication Management System (EAMS).

From the decision · page 3I. 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: (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.

California Code of Regulations, title 8, section 10961

Jurisdiction remains with the district office for 15 days after the timely filing of a petition for reconsideration, during which the WCJ may rescind the order and render the petition moot.

If the order is rescinded within the 15-day period, the original petition is deemed moot because the order no longer exists.

From the decision · page 4II. WCAB Rule 10961 provides that jurisdiction remains with the district office for 15 days after the timely filing of a petition for reconsideration and sets forth the following 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; (b) The WCJ may rescind the entire order, decision or award and initiate proceedings within 30 days; 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(a), (b) and (c); see Cal. Code Regs., tit. 8, § 10962.) Consequently, if the order, decision or award is rescinded pursuant to WCAB Rule 10961, subdivision (b), within the 15-day period wherein the WCJ retains jurisdiction, the original petition is deemed moot because the order, decision or award that is the subject of the petition no longer exists.

ADJ17796698 · January 12, 2026

What the panel ordered

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