Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
Petition for reconsideration must be acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
The Appeals Board concluded that service of the WCJ Report and transmission of the case on January 12, 2026, started the 60-day period, making the petition timely acted upon.
From the decision · page 3According to the proof of service, the Report was served on January 12, 2026, and the case
was transmitted to the Appeals Board on January 12, 2026. Service of the Report and transmission
of the case to the Appeals Board occurred on the same day. Thus, we conclude that the parties
were provided with the notice of transmission required by section 5909(b)(1) because service of
the Report in compliance with section 5909(b)(2) provided them with actual notice as to the
commencement of the 60-day period on January 12, 2026.
Cal. Code Reg., tit. 8, 10545
A petition for costs may only be filed by an employee, dependent, defendant, or interpreter; otherwise it is dismissed by operation of law.
Once the defendant was dismissed, it no longer had standing to file a petition for costs, leading to dismissal by operation of law.
From the decision · page 11Once Great Northern was dismissed, it no longer had standing as an employee, dependent,
defendant, or interpreter to file a petition for costs. Consequently, Great Northern's petition for
costs was dismissed by operation of law. No subsequent filing cured this defect, and all the
petitions for costs filed by Great Northern remain dismissed.
Cal. Code Reg., tit. 8, 10382
The Appeals Board or a workers' compensation judge may order joinder of additional parties necessary for full adjudication of the case.
The order of consolidation was for discovery purposes only and was rescinded after dismissal of the defendant, as further consolidation was not appropriate.
From the decision · page 8It is clear the order of consolidation was an interim order of limited scope for the sole
purpose of discovery. Once Great Northern was dismissed, the purpose of the order of
consolidation was no longer present. The order of consolidation by its very terms acknowledged
"[f]urther consolidation will be determined by the trial judge assigned to these cases." As there
were no further orders of consolidation these cases remained consolidated solely for discovery
purposes, and after Great Northern was dismissed, the foundation for consolidation no longer
existed.