California Labor Code § 5901

How panels applied this section

Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.

• ADJ11453067 · 2025-12-12 · Van Nuys District Office§ 5901

  Determinative passage · p.3Only the Appeals Board is statutorily authorized to issue a decision on a petition for reconsideration. (Lab. Code, § 112, 115, 5301, 5901, 5908.5, 5950; see Cal. Code Regs., tit. 8, § 10320, 10330.) The Appeals Board must conduct de novo review as to the merits of the petition and review the entire proceedings in the case. (Lab. Code, § 5906, 5908; see Lab. Code, § 5301, 5315, 5701, 5911.) Once a final decision by the Appeals Board on the merits of the petition issues, the parties may seek review under Labor Code section 59501, but appellate review is limited to review of the record certified by the Appeals Board. (Lab. Code, § 5901, 5951.)

  The Appeals Board reviewed the entire record and the WCJ's Report and Recommendation before denying the petition.

  Official decision · page 3 →
• ADJ14930871 · 2025-11-03 · Santa Ana District Office§ 5901

  Determinative passage · p.5III. Only the Appeals Board is statutorily authorized to issue a decision on a petition for reconsideration. (Lab. Code, § 112, 115, 5301, 5901, 5908.5, 5950; see Cal. Code Regs., tit. 8, § 10320, 10330.) The Appeals Board must conduct de novo review as to the merits of the petition and review the entire proceedings in the case. (Lab. Code, § 5906, 5908; see Lab. Code, § 5301, 5315, 5701, 5911.) Once a final decision by the Appeals Board on the merits of the petition issues, the parties may seek review under section 5950, but appellate review is limited to review of the record certified by the Appeals Board. (Lab. Code, § 5901, 5951.)

  The Appeals Board reviewed the entire record and found the petition for reconsideration meritorious due to incomplete record and due process concerns.

  Official decision · page 5 →
• ADJ10616914 · 2025-05-19 · Los Angeles District Office§ 5901

  Determinative passage · p.1We have considered the allegations of defendants G2 Secure Staff, LLC, New Hampshire Insurance Company, administered by Gallagher Bassett Services' Petition for Removal, applicant's Answer to the Petition, and the contents of the report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and based upon the WCJ's analysis of the merits of the petitioner's arguments in the WCJ's report, which we adopt and incorporate, we deny the Petition as one seeking reconsideration.

  The Appeals Board reviewed the petition and denied it based on the WCJ's analysis.

  Official decision · page 1 →
• ADJ11541887 · 2025-01-17 · San Diego District Office§ 5901

  Determinative passage · p.2Only the Appeals Board is statutorily authorized to issue a decision on a petition for reconsideration. (Lab. Code, § 112, 115, 5301, 5901, 5908.5, 5950; see Cal. Code Regs., tit. 8, § 10320, 10330.) The Appeals Board must conduct de novo review as to the merits of the petition and review the entire proceedings in the case. (Lab. Code, § 5906, 5908; see Lab. Code, § 5301, 5315, 5701, 5911.) Once a final decision by the Appeals Board on the merits of the petition issues, the parties may seek review under section 5950, but appellate review is limited to review of the record certified by the Appeals Board. (Lab. Code, § 5901, 5951.)

  The Appeals Board applied these statutes and regulations to determine the timeliness and equitable tolling of the petition for reconsideration.

  Official decision · page 2 →
• ADJ20015360 · 2024-12-06 · Los Angeles District Office§ 5901

  Determinative passage · p.1It has come to the attention of the Appeals Board that defendant City of Los Angeles has sought reconsideration of the decision issued on June 4, 2024, by a workers' compensation arbitrator (WCA) under Labor Code1 section 3201.7. The Petition for Reconsideration is attached as an exhibit to the Writ of Review filed with the Second Appellate District on October 28, 2024, and served on the Appeals Board at WCABWritUnit@dir.ca.gov.

  The Appeals Board reviewed the procedural history and rules regarding filing and timeliness, accepted the petition despite email filing error, and granted reconsideration to ensure due process.

  Official decision · page 1 →
• ADJ25485 · 2024-11-25 · Van Nuys District Office§ 5901

  Determinative passage · p.2I. Only the Appeals Board is statutorily authorized to issue a decision on a petition for reconsideration. (Lab. Code, § 112, 115, 5301, 5901, 5908.5, 5950; see Cal. Code Regs., tit. 8, § 10320, 10330.) The Appeals Board must conduct de novo review as to the merits of the petition and review the entire proceedings in the case. (Lab. Code, § 5906, 5908; see Lab. Code, § 5301, 5315, 5701, 5911.) Once a final decision by the Appeals Board on the merits of the petition issues, the parties may seek review under section 5950, but appellate review is limited to review of the record certified by the Appeals Board. (Lab. Code, § 5901, 5951.) Former section 5909 provided that a petition was denied by operation of law if the Appeals Board did not "act on" the petition within 60 days of the petition's filing with the `appeals board' and not within 60 days of its filing at a DWC district office. A petition for reconsideration of an arbitrator's decision or award made pursuant to the mandatory or voluntary arbitration provisions of sections 5270 through 5275 shall be filed in EAMS or with the district office having venue in accordance with section 5501.5 so that the WCA may review the petition in the first instance and determine whether their decision is legally correct and based on substantial evidence.

  The Appeals Board reviewed the entire record and granted reconsideration based on equitable tolling due to administrative error in service and file transmission.

  Official decision · page 2 →
• ADJ2862836 · 2024-11-04 · Marina del Rey District Office§ 5901

  Determinative passage · p.4Only the Appeals Board is statutorily authorized to issue a decision on a petition for reconsideration. (Lab. Code, § 112, 115, 5301, 5901, 5908.5, 5950; see Cal. Code Regs., tit. 8, § 10320, 10330.)2 The Appeals Board must conduct de novo review as to the merits of the petition and review the entire proceedings in the case. (Lab. Code, § 5906, 5908; see Lab. Code, § 5301, 5315, 5701, 5911.) Once a final decision by the Appeals Board on the merits of the petition issues, the parties may seek review under Labor Code section 5950, but appellate review is limited to review of the record certified by the Appeals Board. (Lab. Code, § 5901, 5951.)

  The Appeals Board reviewed the petitions for reconsideration de novo and issued a decision after reconsideration.

  Official decision · page 4 →
• ADJ16130369 · 2024-10-14 · Marina del Rey District Office§ 5901

  Determinative passage · p.7[64 Cal.Comp.Cases 986] ["essence of due process is... notice and the opportunity to be heard"]; Katzin v. Workers' Comp. Appeals Bd. (1992) 5 Cal.App.4th 703, 710 [57 Cal.Comp.Cases 230].) In fact, "a denial of due process renders the appeals board's decision unreasonable..." and therefore vulnerable to a writ of review. (Von Ritzhoff, supra, 233 Cal.App.4th at p. 985 citing Lab. Code, § 5952(a), (c).) Thus, due process requires a meaningful consideration of the merits of every case de novo with a well-reasoned decision based on the evidentiary record and the relevant law.

  The Appeals Board applied these standards to find that the incomplete record and administrative errors violated due process, requiring rescission and remand.

  Official decision · page 7 →