What the panel ordered
Petition for removal dismissed as untimely filed.
Petition for removal filed by applicant from the Order Vacating and Setting Aside Findings and Award and Opinion on Decision issued by WCJ on May 6, 2025.
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 petition for removal was filed on October 15, 2025, which was untimely as the order was served on May 6, 2025, and the petition should have been filed on or before June 2, 2025, including mailing time.
From the decision · page 1Pursuant to WCAB Rule 10955, a petition for removal must be filed within 20 days after the service of the order or decision, or of the occurrence of the action in issue. (Cal. Code Regs., tit. 8, § 10955(a).) Here, the Petition for Removal was filed on October 15, 2025, however, the Order was served on May 6, 2025. Including five days for mailing (Cal. Code Regs., tit. 8, § 10605), the petition should have been filed on or before June 2, 2025. As the petition is untimely, the petition will be dismissed.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The petition for removal was filed on October 15, 2025, which was after the deadline of June 2, 2025, including mailing time.
Favours Defendant prevailed
The petition was untimely and therefore subject to dismissal.
From the decision · page 1Pursuant to WCAB Rule 10955, a petition for removal must be filed within 20 days after the service of the order or decision, or of the occurrence of the action in issue. (Cal. Code Regs., tit. 8, § 10955(a).) Here, the Petition for Removal was filed on October 15, 2025, however, the Order was served on May 6, 2025. Including five days for mailing (Cal. Code Regs., tit. 8, § 10605), the petition should have been filed on or before June 2, 2025. As the petition is untimely, the petition will be dismissed.
The Order Vacating and Setting Aside Findings and Award and Opinion on Decision was served on May 6, 2025.
Favours Defendant prevailed
This date triggered the 20-day deadline for filing a petition for removal.
From the decision · page 1Pursuant to WCAB Rule 10955, a petition for removal must be filed within 20 days after the service of the order or decision, or of the occurrence of the action in issue. (Cal. Code Regs., tit. 8, § 10955(a).) Here, the Petition for Removal was filed on October 15, 2025, however, the Order was served on May 6, 2025. Including five days for mailing (Cal. Code Regs., tit. 8, § 10605), the petition should have been filed on or before June 2, 2025. As the petition is untimely, the petition will be dismissed.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
WCAB Rule 10955, Cal. Code Regs., tit. 8, 10955(a)
A petition for removal must be filed within 20 days after the service of the order or decision, or of the occurrence of the action in issue.
The petition was filed on October 15, 2025, which was beyond the 20-day limit after the order was served on May 6, 2025, including 5 days for mailing.
From the decision · page 1Pursuant to WCAB Rule 10955, a petition for removal must be filed within 20 days after the service of the order or decision, or of the occurrence of the action in issue. (Cal. Code Regs., tit. 8, § 10955(a).) Here, the Petition for Removal was filed on October 15, 2025, however, the Order was served on May 6, 2025. Including five days for mailing (Cal. Code Regs., tit. 8, § 10605), the petition should have been filed on or before June 2, 2025. As the petition is untimely, the petition will be dismissed.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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