ADJ8236211 — California WCAB decision

What the panel ordered

Petition for Reconsideration granted; Findings and Order of July 17, 2025 rescinded; matter returned for further proceedings.

Petition for reconsideration of the Findings and Order issued on July 18, 2025, granted by the Appeals Board, rescinding the prior decision and returning the matter for further proceedings.

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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.

Other disputed issueApplicant prevailed

The Board found no evidence of bad faith, frivolous conduct, or prejudice to defendant to support laches defense and thus no basis for sanctions or dismissal on that ground.

From the decision · page 9III The appeals board has broad equitable powers with respect to matters within its jurisdiction. (Dyer v. Workers' Comp. Appeals Bd. (1994) 22 Cal.App.4th 1376, 1382.) Thus, equitable doctrines such as laches are applicable in workers' compensation proceedings. (Truck Ins. Exchange v. Workers' Comp. Appeals Bd. (Kwok) (2016) 2 Cal.App.5th 394, 401 [81 Cal.Comp.Cases 685]; State Farm General Ins. Co. v. Workers' Comp. Appeals Bd. (Lutz) (2013) 218 Cal.App.4th 258, 268 [159 Cal. Rptr. 3d 779]; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Martin) (1985) 39 Cal.App.3d 57, 68, fn. 11 [50 Cal.Comp.Cases 411]; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Valencia) (1976) 41 Cal.Comp.Cases 730, writ denied.) Laches is a question of fact to be determined by the trier of fact. (Kwok, supra, 2 Cal. App.5th at p. 402.) "The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay." (Conti v. Board of Civil Service Commissioners (1969) 1 Cal.App.3d 351, 359, 360, see also

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Cost petitioner met its burden to show a contested claim existed at the time of service.

Favours Applicant prevailed

This established entitlement to medical-legal expense reimbursement under Labor Code section 4620 and related statutes.

From the decision · page 6A cost petitioner holds the burden of proof to establish all elements necessary to establish its entitlement to payment for a medical-legal expense. (See § 3205.5, 5705.5; Torres v. AJC Sandblasting (2012) 77 Cal.Comp.Cases 1113, 1115 (Appeals Board en banc).) As we explained in our en banc decision in Colamonico v. Secure Transportation (2019) 84 Cal.Comp.Cases 1059 (Appeals Board en banc), section 4622 provides the framework for reimbursement of medical-legal expenses. Subsection (f) of the statute, however, specifically states that "[t]his section is not applicable unless there has been compliance with Sections 4620 and 4621." (§ 4622(f).)

Defendant did not prove the affirmative defense of laches due to lack of evidence of prejudice or bad faith.

Favours Applicant prevailed

This prevented dismissal or sanctions against the cost petitioner on laches grounds.

From the decision · page 9III The appeals board has broad equitable powers with respect to matters within its jurisdiction. (Dyer v. Workers' Comp. Appeals Bd. (1994) 22 Cal.App.4th 1376, 1382.) Thus, equitable doctrines such as laches are applicable in workers' compensation proceedings. (Truck Ins. Exchange v. Workers' Comp. Appeals Bd. (Kwok) (2016) 2 Cal.App.5th 394, 401 [81 Cal.Comp.Cases 685]; State Farm General Ins. Co. v. Workers' Comp. Appeals Bd. (Lutz) (2013) 218 Cal.App.4th 258, 268 [159 Cal. Rptr. 3d 779]; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Martin) (1985) 39 Cal.App.3d 57, 68, fn. 11 [50 Cal.Comp.Cases 411]; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Valencia) (1976) 41 Cal.Comp.Cases 730, writ denied.) Laches is a question of fact to be determined by the trier of fact. (Kwok, supra, 2 Cal. App.5th at p. 402.) "The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay." (Conti v. Board of Civil Service Commissioners (1969) 1 Cal.App.3d 351, 359, 360, see also

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code sections 4620, 4621, 4622; Colamonico v. Secure Transportation (2019) 84 Cal.Comp.Cases 1059

A cost petitioner must establish that a contested claim existed at the time the medical-legal expenses were incurred to be entitled to reimbursement.

Applied to determine burden of proof for medical-legal expense reimbursement.

From the decision · page 6A cost petitioner holds the burden of proof to establish all elements necessary to establish its entitlement to payment for a medical-legal expense. (See § 3205.5, 5705.5; Torres v. AJC Sandblasting (2012) 77 Cal.Comp.Cases 1113, 1115 (Appeals Board en banc).) As we explained in our en banc decision in Colamonico v. Secure Transportation (2019) 84 Cal.Comp.Cases 1059 (Appeals Board en banc), section 4622 provides the framework for reimbursement of medical-legal expenses. Subsection (f) of the statute, however, specifically states that "[t]his section is not applicable unless there has been compliance with Sections 4620 and 4621." (§ 4622(f).)

Labor Code section 5909

The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board.

Applied to determine timeliness of the petition for reconsideration.

From the decision · page 5Former Labor Code section 59092 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:

Dyer v. Workers' Comp. Appeals Bd. (1994) 22 Cal.App.4th 1376; Truck Ins. Exchange v. Workers' Comp. Appeals Bd. (Kwok) (2016) 2 Cal.App.5th 394; State Farm General Ins. Co. v. Workers' Comp. Appeals Bd. (Lutz) (2013) 218 Cal.App.4th 258

Equitable doctrines such as laches apply in workers' compensation proceedings and require proof of unreasonable delay and prejudice to the defendant.

Applied to evaluate the laches defense raised by defendant.

From the decision · page 9III The appeals board has broad equitable powers with respect to matters within its jurisdiction. (Dyer v. Workers' Comp. Appeals Bd. (1994) 22 Cal.App.4th 1376, 1382.) Thus, equitable doctrines such as laches are applicable in workers' compensation proceedings. (Truck Ins. Exchange v. Workers' Comp. Appeals Bd. (Kwok) (2016) 2 Cal.App.5th 394, 401 [81 Cal.Comp.Cases 685]; State Farm General Ins. Co. v. Workers' Comp. Appeals Bd. (Lutz) (2013) 218 Cal.App.4th 258, 268 [159 Cal. Rptr. 3d 779]; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Martin) (1985) 39 Cal.App.3d 57, 68, fn. 11 [50 Cal.Comp.Cases 411]; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Valencia) (1976) 41 Cal.Comp.Cases 730, writ denied.) Laches is a question of fact to be determined by the trier of fact. (Kwok, supra, 2 Cal. App.5th at p. 402.) "The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay." (Conti v. Board of Civil Service Commissioners (1969) 1 Cal.App.3d 351, 359, 360, see also

ADJ8236211 · October 24, 2025

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

The rules the panel named

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