What the panel ordered
Petition for Reconsideration dismissed for failure to comply with WCAB Rule 10842 and timely acted upon within 60 days
Petition for Reconsideration filed and dismissed by the Appeals Board
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 dismissed because it was not accompanied by proof of service of notice of attorney's adverse interest and right to independent counsel as required by WCAB Rule 10842, and the Appeals Board timely acted on the petition within 60 days as required by Labor Code section 5909.
From the decision · page 3Here, the Petition for Reconsideration seeks an increase in attorney fees but is not accompanied by proof of service on applicant of notice of applicant's attorney's adverse interest and of applicant's right to seek independent counsel. Therefore, the Petition is subject to dismissal.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The Petition for Reconsideration was not accompanied by proof of service of notice of attorney's adverse interest and right to independent counsel.
Favours Defendant prevailed
This failure violated WCAB Rule 10842, which requires such notice for requests for increase in attorney's fees, leading to dismissal of the petition.
From the decision · page 3Here, the Petition for Reconsideration seeks an increase in attorney fees but is not accompanied by proof of service on applicant of notice of applicant's attorney's adverse interest and of applicant's right to seek independent counsel. Therefore, the Petition is subject to dismissal.
The Appeals Board acted on the Petition for Reconsideration on the 60th day after transmission, February 7, 2025, meeting the timeliness requirement of Labor Code section 5909.
Favours Defendant prevailed
Timely action by the Appeals Board fulfilled the statutory requirement, supporting dismissal rather than denial for untimeliness.
From the decision · page 2Here, according to Events, the case was transmitted to the Appeals Board on December 9, 2024, and 60 days from the date of transmission is February 7, 2025. This decision is issued by or on February 7, 2025, so that we have timely acted on the petition as required by section 5909(a).
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 must be acted upon within 60 days of transmission to the Appeals Board.
The Appeals Board acted on the petition on the 60th day, February 7, 2025, thus timely acting as required.
From the decision · page 2Here, according to Events, the case was transmitted to the Appeals Board on December 9, 2024, and 60 days from the date of transmission is February 7, 2025. This decision is issued by or on February 7, 2025, so that we have timely acted on the petition as required by section 5909(a).
WCAB Rule 10842
All requests for an increase in attorney's fee must be accompanied by proof of service on the applicant of notice of the attorney's adverse interest and the applicant's right to seek independent counsel.
The petition was dismissed for failure to comply with this rule as it lacked the required proof of service.
From the decision · page 3Here, the Petition for Reconsideration seeks an increase in attorney fees but is not accompanied by proof of service on applicant of notice of applicant's attorney's adverse interest and of applicant's right to seek independent counsel. Therefore, the Petition is subject to dismissal.
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About this page
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