California Labor Code § 5909

How panels applied this section

Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.

• ADJ17497658 · 2026-09-23 · Oakland District Office§ 5909

  Determinative passage · p.2We have considered the allegations of defendant’s Petition and the Answer, and the contents of the WCJ’s Report. Based on our review of the record and based upon the WCJ’s analysis of the merits of the petitioner’s arguments in the Report, we will treat the Petition as one for reconsideration and deny it as one seeking reconsideration. DISCUSSION I. Petitions for reconsideration filed on or after July 14, 2026 are subject to Labor Code section 5909 1, which states that: 0F

  Petitions for reconsideration filed on or after July 14, 2026 must be acted upon within 60 days from the date a trial judge transmits a case to the appeals board.

  Official decision · page 2 →
• ADJ21922892 · 2026-09-18 · Redding District Office§ 5909

  Determinative passage · p.3(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.

  The Board timely acted on the petition within the 60-day period.

  Official decision · page 3 →
• ADJ9109258 · 2026-09-14 · Santa Rosa District Office§ 5909

  Determinative passage · p.4Up through July 1, 2024, petitions for reconsideration were subject to former Labor Code 1 0F

  Governs the timing and notice requirements for petitions for reconsideration.

  Official decision · page 4 →
• ADJ21618015 · 2026-09-08 · Anaheim District Office§ 5909

  Determinative passage · p.7(1989) 211 Cal.App.3d 1171, 1182; Scott v Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008, 1011]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73, 75-76].) Here, the order issued by the WCJ was a continuance, which is not a final order. Furthermore, applicant’s Petition for Reconsideration was filed well beyond 25 days from the issuance of the April 2026 minutes. Thus, to the extent that applicant seeks reconsideration, the Petition for Reconsideration is dismissed.

  The continuance order was not final; petition was filed late; petition dismissed.

  Official decision · page 7 →
• ADJ17078550 · 2026-09-08 · Santa Rosa District Office§ 5909

  Determinative passage · p.2Under section 5909(a) (in effect from July 2, 2024 through June 30, 2026), 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 in Events 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.” Here, according to Events, the case was transmitted to the Appeals Board on July 10, 2026 and 60 days from the date of transmission is September 8, 2026. This decision is issued by or on September 8, 2026, so that we have timely acted on the petition as required by section 5909(a) (in effect from July 2, 2024 through June 30, 2026). Section 5909(b)(1) (in effect from July 2, 2024 through June 30, 2026) requires that the parties and the Appeals Board be provided with notice of transmission of the case. Transmission of the case to the Appeals Board in EAMS provides notice to the Appeals Board. Thus, the requirement in subdivision (1) ensures that the parties are notified of the accurate date for the commencement of the 60-day period for the Appeals Board to act on a petition.

  The case was transmitted on July 10, 2026, and the decision was issued on September 8, 2026, within the 60-day period.

  Official decision · page 2 →
• ADJ12719177 · 2026-09-04 · Van Nuys District Office§ 5909

  Determinative passage · p.4The attachment of these documents to the Petition is procedurally improper. California Code of Regulations, title 8, section 10945, subdivision (c)(2) – (3), expressly prohibits the filing with a petition for reconsideration of “documents previously received in evidence or rejected upon objection” or “new documentary evidence,” except as permitted by Labor Code section 5903, subdivision (d). To proceed under section 5903(d), the petitioner must establish that the evidence is material and that it could not, with reasonable diligence, have been discovered and produced at the trial. (See Cal. Code Regs., tit. 8, § 10974 [petition to introduce new evidence].)

  Applied to disregard new documentary evidence attached to petition for reconsideration and reject petition on procedural grounds.

  Official decision · page 4 →
• ADJ20384548 · 2026-09-04 · San Francisco District Office§ 5909

  Determinative passage · p.5DISCUSSION I. Up through July 1, 2024, petitions for reconsideration were subject to former Labor Code section 5909 2, which 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.) During the period from July 2, 2024 through June 30, 2026, petitions for reconsideration were subject to former 5909, which stated 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.

  The Board acted timely on the petition for reconsideration within the 60-day period required by the statute.

  Official decision · page 5 →
• ADJ12006252 · 2026-09-04 · Los Angeles District Office§ 5909

  Determinative passage · p.2During the period from July 1, 2026 to July 13, 2026, Labor Code section 5909(a) 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(a).) Here, the Petition for Reconsideration was filed on July 6, 2026, and 60 days from the date of filing is September 4, 2026. This decision is issued by or on September 4, 2026, so that we have timely acted on the petition as required by Labor Code section 5909(a).

  The decision was issued on the 60th day after filing, thus timely acting on the petition as required.

  Official decision · page 2 →