ADJ21267547 — California WCAB decision

What the panel ordered

Petition for Reconsideration dismissed by Appeals Board for lack of evidentiary record and procedural errors by WCJ.

Petition for Reconsideration filed by defendant after order approving compromise and release; WCJ issued report recommending denial without hearing; matter transmitted to Appeals Board for decision.

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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 Appeals Board dismissed the Petition for Reconsideration because the WCJ erred by recommending denial without creating an evidentiary record and by issuing an amended order while the matter was pending before the Appeals Board, violating procedural rules.

From the decision · page 1On March 23, 2026, defendant timely filed a Petition for Reconsideration. On April 15, 2026, the WCJ issued a Report and Recommendation (Report), recommending that we deny the Petition for Reconsideration. The WCJ did not set a hearing to address whether the Compromise & Release (C&R) should be set aside. On April 29, 2026, the parties submitted an amended C&R. On May 4, 2026, the WCJ issued an amended OACR. Turning first to the merits of the Petition for Reconsideration, we note that as observed by the WCJ, there was no evidentiary record with respect to the allegations in the Petition for Reconsideration. Decisions of the Appeals Board "must be based on admitted evidence in the record." (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).) Furthermore, decisions of the Appeals Board must be supported by substantial evidence. (Lab. Code, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627 [35 Cal.Comp.Cases 16].) An adequate and complete record is necessary to understand the basis for the WCJ's decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10787.)

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

No evidentiary record was created for the Petition for Reconsideration allegations.

Favours Defendant prevailed

Without an evidentiary record, the Appeals Board cannot properly decide the Petition, leading to dismissal.

From the decision · page 1On March 23, 2026, defendant timely filed a Petition for Reconsideration. On April 15, 2026, the WCJ issued a Report and Recommendation (Report), recommending that we deny the Petition for Reconsideration. The WCJ did not set a hearing to address whether the Compromise & Release (C&R) should be set aside. On April 29, 2026, the parties submitted an amended C&R. On May 4, 2026, the WCJ issued an amended OACR. Turning first to the merits of the Petition for Reconsideration, we note that as observed by the WCJ, there was no evidentiary record with respect to the allegations in the Petition for Reconsideration. Decisions of the Appeals Board "must be based on admitted evidence in the record." (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).) Furthermore, decisions of the Appeals Board must be supported by substantial evidence. (Lab. Code, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627 [35 Cal.Comp.Cases 16].) An adequate and complete record is necessary to understand the basis for the WCJ's decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10787.)

The WCJ issued an amended order approving the compromise and release while the Petition for Reconsideration was pending before the Appeals Board.

Favours Defendant prevailed

This procedural error violated jurisdictional rules and undermined the proper process for reconsideration, supporting dismissal.

From the decision · page 2If the WCJ does not issue an order rescinding or amending the original order, decision or award during the 15-day period, the Appeals Board must act on the petition for reconsideration even if the WCJ determines that the original order, decision or award should have been amended or rescinded. Here, even though the WCJ had already transmitted the case to the Appeals Board, she did not reach out to the Appeals Board when she received the amended C&R. Instead, she issued the amended OACR while the matter was pending at the Appeals Board.

The rules the panel named

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

Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc)

Decisions of the Appeals Board must be based on admitted evidence in the record and supported by substantial evidence.

The WCJ recommended denial of the Petition for Reconsideration without an evidentiary record, which is required for Appeals Board decisions.

From the decision · page 1On March 23, 2026, defendant timely filed a Petition for Reconsideration. On April 15, 2026, the WCJ issued a Report and Recommendation (Report), recommending that we deny the Petition for Reconsideration. The WCJ did not set a hearing to address whether the Compromise & Release (C&R) should be set aside. On April 29, 2026, the parties submitted an amended C&R. On May 4, 2026, the WCJ issued an amended OACR. Turning first to the merits of the Petition for Reconsideration, we note that as observed by the WCJ, there was no evidentiary record with respect to the allegations in the Petition for Reconsideration. Decisions of the Appeals Board "must be based on admitted evidence in the record." (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).) Furthermore, decisions of the Appeals Board must be supported by substantial evidence. (Lab. Code, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627 [35 Cal.Comp.Cases 16].) An adequate and complete record is necessary to understand the basis for the WCJ's decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10787.)

Cal. Code Regs., tit. 8, §§ 10961, 10962

Jurisdiction remains with the district office for 15 days after a timely Petition for Reconsideration is filed, during which the WCJ may take certain actions including preparing a report, rescinding the order, or issuing an amended order.

The WCJ issued an amended order while the matter was pending before the Appeals Board, which is procedurally improper.

From the decision · page 2Next, WCAB Rule 10961 (Cal. Code Regs., tit. 8, § 10961) provides that jurisdiction remains with the district office for 15 days after the timely filing of a petition for reconsideration and sets forth three 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 (Cal. Code Regs., tit. 8, § 10961(a); see Cal. Code Regs., tit. 8, § 10962); (b) The WCJ may rescind the entire order, decision or award and initiate proceedings within 30 days (Cal. Code Regs., tit. 8, § 10961(b)); 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(c)).

ADJ21267547 · June 15, 2026

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