Authorities as the decision cited them, with how this panel applied each one.
Labor Code sections 5900(a), 5903; California Code of Regulations, title 8, sections 10605(a)(1), 10940(a), 10615(b)
A petition for reconsideration must be filed within 25 days of a final decision served by mail in California (Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, §§ 10605(a)(1), 10940(a), 10615(b)).
Applied to determine timeliness of Citywide's petitions for reconsideration.
From the decision · page 2Preliminarily, we note to be timely, a petition for reconsideration must be filed with (i.e.,
received by) the WCAB within 25 days 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, former
§ 10507(a)(1), now § 10605(a)(1), former § 10845(a), now § 10940(a); former § 10392(a), now
§ 10615(b) (eff. Jan. 1, 2020).) A petition for reconsideration of a final decision by a workers'
compensation administrative law judge must be filed in the Electronic Adjudication Management
System (EAMS) or with the district office having venue. (Cal. Code Regs., tit. 8, former
§ 10840(a), now § 10940(a) (eff. Jan. 1, 2020).)
In re: COVID-19 State of Emergency En Banc (2020) 85 Cal.Comp.Cases 296
Filing deadlines were tolled during COVID-19 district office closures, extended to reopening date (In re: COVID-19 State of Emergency En Banc (2020) 85 Cal.Comp.Cases 296).
Applied to toll filing deadlines for petitions during district office closures due to COVID-19.
From the decision · page 2The Division of Workers' Compensation (DWC) closed its district offices for filing as of
March 17, 2020 in response to the spread of the novel coronavirus (COVID-19).2 In light of the
district offices' closure, the Appeals Board issued an en banc decision on March 18, 2020 stating
that all filing deadlines are extended to the next day when the district offices reopen for filing. (In
re: COVID-19 State of Emergency En Banc (2020) 85 Cal.Comp.Cases 296 (Appeals Board en
banc).) The district offices reopened for filing on April 13, 2020.3 Therefore, the filing deadline
for a petition for reconsideration that would have occurred during the district offices' closure was
tolled until April 13, 2020.
Labor Code section 5311; Code of Civil Procedure section 641
Labor Code section 5311 and Code of Civil Procedure section 641 govern grounds and procedures for disqualification of WCJs.
Applied to deny Citywide's Petition for Disqualification for lack of sufficient factual allegations of bias or fixed opinion.
From the decision · page 2Labor Code section 5311 provides that a party may seek to disqualify a WCJ
upon any one or more of the grounds specified in Code of Civil Procedure
section 641. Among the grounds for disqualification under section 641 are that
the WCJ has "formed or expressed an unqualified opinion or belief as to the
Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151
Due process requires notice and opportunity to be heard before sanctions may be imposed (Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151).
Applied to find due process lacking in the Notice of Intention to Sanction and Order Imposing Sanctions against Citywide.