What the panel ordered
Petitions for Reconsideration and Disqualification dismissed as untimely; referral to Presiding Judge for vexatious litigant consideration
Petitions for Reconsideration and Disqualification filed by applicant after May 10, 2024 Findings and Order; reviewed by WCAB panel on November 26, 2024
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 disqualification of the WCJ was dismissed as untimely because it was not filed within 10 days after service of notice or knowledge of grounds for disqualification.
From the decision · page 3To the extent applicant requests disqualification of the WCJ, we dismiss it. WCAB Rule 10960 provides that when the WCJ and "the grounds for disqualification" are known, a petition for disqualification "shall be filed not more than 10 days after service of notice of hearing or after grounds for disqualification are known." Here, the petitions are untimely.
The petitions for reconsideration filed on July 31, 2024 and October 9, 2024 were untimely as they were filed after the 25-day deadline from the May 10, 2024 Findings and Order and after the 60-day period for the Appeals Board to act following case transmission on September 27, 2024.
From the decision · page 3Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) To be timely, however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, § 10940(a), 10615(b).)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Petitions for reconsideration filed on July 31, 2024 and October 9, 2024 were after the 25-day deadline from the May 10, 2024 Findings and Order.
Favours Defendant prevailed
This made the petitions untimely and subject to dismissal under the jurisdictional time limits for filing petitions for reconsideration.
From the decision · page 3Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) To be timely, however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, § 10940(a), 10615(b).)
Case was transmitted to the Appeals Board on September 27, 2024 and the Board acted on the petition within 60 days on November 26, 2024.
Favours Defendant prevailed
This satisfied the statutory requirement for the Board to act timely on the petition for reconsideration, supporting dismissal of the petitions as untimely.
From the decision · page 2Here, according to Events, the case was transmitted to the Appeals Board on September 27, 2024 and 60 days from the date of transmission is Tuesday, November 26, 2024. This decision is issued by or on Tuesday, November 26, 2024, so that we have timely acted on the petition as required by section 5909(a).
Petition for disqualification of the WCJ was not filed within 10 days after service of notice or knowledge of grounds for disqualification.
Favours Defendant prevailed
This made the disqualification petition untimely and subject to dismissal under WCAB Rule 10960.
From the decision · page 3To the extent applicant requests disqualification of the WCJ, we dismiss it. WCAB Rule 10960 provides that when the WCJ and "the grounds for disqualification" are known, a petition for disqualification "shall be filed not more than 10 days after service of notice of hearing or after grounds for disqualification are known." Here, the petitions are untimely.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
WCAB Rule 10960
Petition for disqualification of WCJ must be filed within 10 days after service of notice or knowledge of grounds for disqualification.
The petition for disqualification was dismissed as untimely because it was not filed within 10 days after service of notice or knowledge of grounds for disqualification.
From the decision · page 3To the extent applicant requests disqualification of the WCJ, we dismiss it. WCAB Rule 10960 provides that when the WCJ and "the grounds for disqualification" are known, a petition for disqualification "shall be filed not more than 10 days after service of notice of hearing or after grounds for disqualification are known." Here, the petitions are untimely.
Cal. Code Regs., tit. 8, §§ 10600, 10605, 10940, 10615
Petition for reconsideration must be filed within 25 days of service of final decision; proof of mailing insufficient, must be received by WCAB within time limit.
The petitions filed on July 31, 2024 and October 9, 2024 were dismissed as untimely because they were filed after the 25-day deadline from the May 10, 2024 Findings and Order.
From the decision · page 3Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) To be timely, however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, § 10940(a), 10615(b).)
Labor Code section 5909
Appeals Board must act on petition for reconsideration within 60 days of case transmission; petition deemed denied if not acted upon within that time.
The case was transmitted to the Appeals Board on September 27, 2024 and the decision was issued on November 26, 2024, within the 60-day period, satisfying the timeliness requirement for Board action.
From the decision · page 2Here, according to Events, the case was transmitted to the Appeals Board on September 27, 2024 and 60 days from the date of transmission is Tuesday, November 26, 2024. This decision is issued by or on Tuesday, November 26, 2024, so that we have timely acted on the petition as required by section 5909(a).
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