Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, §§ 10605(a)(1), 10600, 10940(a), 10615(b)
A petition for reconsideration must be filed within 25 days of a final decision served by mail to a California address; this time limit is jurisdictional and cannot be extended by proof of mailing alone.
The petition was filed after the deadline and thus the Board had no authority to consider it.
From the decision · page 1There 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.) 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).)
Lab. Code, § 5902; Cal. Code Regs., tit. 8, §§ 10945, 10972
A petition for reconsideration must set forth specifically and in full detail the grounds upon which reconsideration is sought, and must be verified and supported by specific references to the record and law.
The petition was skeletal and failed to state grounds or cite the record, so it was subject to dismissal.
From the decision · page 2The petition for reconsideration shall set forth specifically and in full detail the
grounds upon which the petitioner considers the final order, decision or award
made and filed by the appeals board or a workers' compensation judge to be
unjust or unlawful, and every issue to be considered by the appeals board. The
petition shall be verified upon oath in the manner required for verified pleadings
in courts of record and shall contain a general statement of any evidence or other
matters upon which the applicant relies in support thereof.
(Lab. Code, § 5902, emphasis added.)
Goodrich v. Industrial Acc. Com. (1943) 22 Cal.2d 604; Ramsey v. Workmen's Comp. Appeals Bd. (1971) 18 Cal.App.3d 155; Crowe Glass Co. v. Industrial Acc. Com. (1927) 84 Cal.App. 287; Navarro v. A & A Framing (2002) 67 Cal.Comp.Cases 296 (en banc)
A party may not file a successive petition for reconsideration unless newly aggrieved; otherwise, the proper remedy is a writ of review.
Applicant was not newly aggrieved and filed a successive petition, so dismissal was required.
From the decision · page 3Finally, it is well settled that where a party fails to prevail on a petition for reconsideration,
the Appeals Board will not entertain a successive petition by that party unless the party is newly
aggrieved. (Goodrich v. Industrial Acc. Com. (1943) 22 Cal.2d 604, 611 [8 Cal.Comp.Cases 177];
Ramsey v. Workmen's Comp. Appeals Bd. (1971) 18 Cal.App.3d 155, 159 [36 Cal.Comp.Cases
382]; Crowe Glass Co. v. Industrial Acc. Com. (Graham) (1927) 84 Cal.App. 287, 293-295 [14
IAC 221].). As stated in our en banc opinion in Navarro v. A & A Framing (2002) 67
Cal.Comp.Cases 296, 299: