What the panel ordered
Petition for Reconsideration dismissed as premature; matter returned to WCJ for consideration as a petition to set aside the Award.
Applicant filed a Petition for Reconsideration on November 18, 2024, challenging the Award issued November 4, 2024. The WCJ issued a Report recommending denial of the Petition or treating it as a petition to set aside the Award. The WCAB dismissed the Petition as premature and returned the matter to the WCJ for further proceedings.
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 was dismissed as premature because the Appeals Board had not yet acted within the 60-day period after transmission of the case to the Appeals Board, as required by amended Labor Code section 5909.
From the decision · page 2DISCUSSION Former Labor Code section3 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, 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.