Labor Code section 5909
Petition for reconsideration must be acted upon within 60 days of transmission to the Appeals Board per Labor Code section 5909.
The Appeals Board acted timely on the petition filed April 8, 2025, within 60 days of transmission on April 8, 2025.
From the decision · page 4Under section 5909(a), the Appeals Board must act on a petition for reconsideration within
60 days of transmission of the case to the Appeals Board. Transmission is reflected under the
Events tab in the Electronic Adjudication Management System (EAMS). Specifically, in Case
Events, under Event Description is the phrase "Sent to Recon" and under Additional Information
is the phrase "The case is sent to the Recon board."
Labor Code sections 5900, 5902, 5903; Rymer v. Hagler (1989) 211 Cal.App.3d 1171; Safeway Stores, Inc. v. Workers' Comp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d 528; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39; Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068; Capital Builders Hardware, Inc. v. Workers' Comp. Appeals Bd. (Gaona) (2016) 5 Cal.App.5th 658; Aldi v. Carr, McClellan, Ingersoll, Thompson & Horn (2006) 71 Cal.Comp.Cases 783.
A petition for reconsideration is taken only from a final order, decision, or award that determines a substantive right or liability or a threshold issue fundamental to a claim for benefits.
The WCJ's findings on injury AOE/COE to psyche and earning capacity are final threshold issues; interlocutory issues are deferred and subject to removal standard.
From the decision · page 5II.
We also find it relevant here to discuss the distinction between a petition for
reconsideration and a petition for removal. A petition for reconsideration is taken only from a
"final" order, decision, or award. (Lab. Code, § 5900(a), 5902, 5903.) A "final" order is defined
as one that determines "any substantive right or liability of those involved in the case" or a
"threshold" issue fundamental to a claim for benefits. (Rymer v. Hagler (1989) 211 Cal.App.3d
1171, 1180; Safeway Stores, Inc. v. Workers' Comp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d
528, 534-535 [45 Cal.Comp.Cases 410]; Kaiser Foundation Hospitals v. Workers' Comp. Appeals
Bd. (Kramer) (1978) 82 Cal.App.3d 39, 45 [43 Cal.Comp.Cases 661]; Maranian v. Workers'
Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1070, 1075 [65 Cal.Comp.Cases 650].) Threshold
issues include, but are not limited to, injury AOE/COE, jurisdiction, the existence of an
employment relationship, and statute of limitations. (See Capital Builders Hardware, Inc. v.
Workers' Comp. Appeals Bd.