What the panel ordered
Petition for Reconsideration dismissed as moot due to rescission of original orders by WCJ within jurisdiction period
Petition for Reconsideration filed by defendant after WCJ orders; WCJ rescinded original orders and vacated submission; jurisdiction transferred to Appeals Board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The WCJ rescinded the original orders within the 15-day jurisdiction period, rendering the petition moot and requiring dismissal.
From the decision · page 2Here, the WCJ rescinded the original orders and issued an order vacating within the 15- day period, rendering the Petition moot.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.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
WCJ rescinded the original orders and vacated submission within the 15-day jurisdiction period after the petition was filed.
Favours Defendant prevailed
This action rendered the Petition for Reconsideration moot because the original orders no longer existed, requiring dismissal.
From the decision · page 2Here, the WCJ rescinded the original orders and issued an order vacating within the 15- day period, rendering the Petition moot.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.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10961
WCAB Rule 10961 (Cal. Code Regs., tit. 8, 10961)
The rule provides the jurisdiction and actions a WCJ may take in response to a timely filed petition for reconsideration, including rescission of orders and transfer of jurisdiction.
From the decision · page 1WCAB 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 the following actions that a WCJ may take in response: (1) 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); (2) The WCJ may rescind the entire order, decision or award and initiate proceedings within 30 days (Cal. Code Regs., tit. 8, § 10961(b)); or (3) 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)).
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About this page
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