What the panel ordered
Petition for Reconsideration dismissed as untimely.p. 4
Petition for Reconsideration filed by applicant was untimely and dismissed by the Appeals Board.
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 filed after the 25-day deadline from the final decision and was therefore untimely and dismissed.
From the decision · page 3Hagler (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]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) In this case, the WCJ issued the Amended Findings and Award on May 6, 2026. Based on the authority cited above, applicant had until Monday, June 1, 2026 to seek reconsideration. EAMS reflects that applicant filed the Petition for Reconsideration on June 26, 2026. Therefore, it was untimely filed and will be dismissed. If we were not dismissing the petition as untimely, we would deny it on the merits for the reasons stated by the WCJ in the Amended Report.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Petition for Reconsideration was filed on June 26, 2026, after the June 1, 2026 deadline.
Favours Defendant prevailed
This filing date was beyond the 25-day limit from the final decision, making the petition untimely.
From the decision · page 3Hagler (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]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) In this case, the WCJ issued the Amended Findings and Award on May 6, 2026. Based on the authority cited above, applicant had until Monday, June 1, 2026 to seek reconsideration. EAMS reflects that applicant filed the Petition for Reconsideration on June 26, 2026. Therefore, it was untimely filed and will be dismissed. If we were not dismissing the petition as untimely, we would deny it on the merits for the reasons stated by the WCJ in the Amended Report.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code sections 5900, 5903; 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 is insufficient, actual receipt required.
The petition was filed after the deadline and was dismissed as untimely.
From the decision · page 3Hagler (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]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) In this case, the WCJ issued the Amended Findings and Award on May 6, 2026. Based on the authority cited above, applicant had until Monday, June 1, 2026 to seek reconsideration. EAMS reflects that applicant filed the Petition for Reconsideration on June 26, 2026. Therefore, it was untimely filed and will be dismissed. If we were not dismissing the petition as untimely, we would deny it on the merits for the reasons stated by the WCJ in the Amended Report.
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About this page
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