Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, §§ 10600, 10605(a)(1)
A petition for reconsideration must be filed within 25 days of service of the final decision, extended to the next business day if the last day falls on a weekend or holiday.
The petition was timely filed on March 7, 2022, within the extended 25-day period after service of the Findings and Order on February 8, 2022.
From the decision · page 1The WCJ's Report states that applicant's petition was untimely filed. The proof of service
for the Findings and Order reflects that it was served on February 8, 2022. There are 25 days
allowed within which to file a petition for reconsideration from a "final" decision that has been
served by mail upon an address in California. (Lab. Code, § 5900(a), 5903; Cal. 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.) Twenty-five days from February 8,
2022 falls on March 5, 2022, which was a Saturday.1 Pursuant to WCAB Rule 10600, applicant
had until the following business day, March 7, 2022, to file her petition. Thus, her petition was
timely filed on March 7, 2022.
Cal. Code Regs., tit. 8, § 10955(a); Cortez v. Workers' Comp. Appeals Bd. (2006); Kleemann v. Workers' Comp. Appeals Bd. (2005)
Removal is an extraordinary remedy granted only if significant prejudice or irreparable harm will result if removal is not granted, and reconsideration is not an adequate remedy.
The Appeals Board found no significant prejudice or irreparable harm if removal was denied and reconsideration would be an adequate remedy.
From the decision · page 2Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v.
Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155];
Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70
Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that
significant prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs.,
tit. 8, § 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate
that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner
ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).)