ADJ4500251 — California WCAB decision

What the panel ordered

Petition for reconsideration dismissed as untimely filed beyond the 30-day limit from the final order date.

Petition for reconsideration filed January 27, 2025, challenging an order finding applicant a vexatious litigant issued November 20, 2024 by the PWCJ.

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This docket was decided more than once. Shown here is the latest released decision; we also hold June 5, 2024, July 22, 2022.

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 petition for reconsideration was filed on January 27, 2025, more than 30 days after the final order issued on November 20, 2024, making it untimely and subject to dismissal under the cited statutes and regulations.

From the decision · page 3In this case, the PWCJ issued the Order Finding applicant to be a Vexatious Litigant on November 20, 2024. Based on the authority cited above, applicant had until Friday, December 20, 2024 to seek reconsideration of the PWCJ's Order. Therefore, the Petition for Reconsideration filed on January 27, 2025 is untimely and will be dismissed.

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 from the date a trial judge transmits a case to the appeals board.

The case was transmitted to the Appeals Board on February 6, 2025, and the decision was issued on April 7, 2025, within the 60-day period.

From the decision · page 1I. Former Labor Code1 section 5909 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, Labor Code 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.

Labor Code sections 5900(a), 5903; California Code of Regulations, title 8, sections 10600, 10605(a)(1), 10940(a), 10615(b)

There are 30 days allowed to file a petition for reconsideration from a final decision served by mail outside California; the petition must be received by the WCAB within that time to be timely.

The petition filed on January 27, 2025, was beyond the 30-day limit from the November 20, 2024 order, making it untimely.

From the decision · page 2II. There are 30 days allowed within which to file a petition for reconsideration from a "final" decision that has been served by mail upon an address outside California. (Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) To be timely, however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, § 10940(a), 10615(b).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers' Comp.

ADJ4500251 · April 7, 2025

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

The rules the panel named

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