Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 18. Reconsideration, Removal and Disqualification
The regulation, as printed
(a) When a petition for reconsideration, removal or disqualification has been timely filed, supplemental petitions or pleadings or responses other than the answer shall be considered only when specifically requested or approved by the Appeals Board. (b) A party seeking to file a supplemental pleading shall file a petition setting forth good cause for the Appeals Board to approve the filing of a supplemental pleading and shall attach the proposed pleading. (c) Supplemental petitions or pleadings or responses other than the answer shall neither be accepted nor deemed filed for any purpose except as provided by this rule.
The statute above this rule
Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.
ImplementsLabor Code § 5900
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5310, 5311 and 5900, Labor Code.
1. Renumbering and amendment of former section 10848 to section 10964 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10964, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ14218571 · 2025-10-10 · Los Angeles District Office8 CCR § 10964
Determinative passage · p.1On July 22, 2025, cost petitioner filed a Petition for Approval to File a Supplemental Pleading and a Supplemental Pleading. We accept and have considered the Supplemental Pleading. (Cal. Code Regs., tit. 8, § 10964(a).)
Applied to accept supplemental pleading filed by cost petitioner
Official decision · page 1 → - ADJ14997874 · 2024-09-20 · Redding District Office8 CCR § 10964
Determinative passage · p.1I. There 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).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers' Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008]; U.S. Pipe &
The petition was timely filed as shown by the Batch ID and the Board acted within 60 days of case transmission.
Official decision · page 1 → - ADJ11729082 · 2022-08-09 · Pomona District Office8 CCR § 10964
Determinative passage · p.1While the issue is now moot, we observe that defendant the Hartford has filed a "Response to Judge's Report and Recommendation," without first seeking leave of the Workers' Compensation Appeals Board. We remind defendant the Hartford that supplemental petitions or pleadings or responses other than the answer will be considered only when specifically requested or approved by the Appeals Board. (Cal. Code Regs., tit. 8, § 10964(a).) In addition, Board Rule 10964 provides that "a party seeking to file a supplemental pleading shall file a petition setting forth good cause for the Appeals Board to approve the filing of a supplemental pleading and shall attach the proposed pleading." (Cal. Code Regs., tit. 8, § 10964(b).) Accordingly, the response will not be considered.
The Board reminded defendant Hartford that its response to the Judge's Report and Recommendation was filed without leave and would not be considered.
Official decision · page 1 → - ADJ4641802 · 2022-03-14 · Riverside District Office8 CCR § 10964
Determinative passage · p.1Applicant, in pro per, has filed a "Petition for Reconsideration (Amended)" on January 12, 2022 and a Petition for Reconsideration on January 18, 2022. We will treat the Petition for Reconsideration as a supplemental pleading and accept it for filing pursuant to our authority. (Cal. Code Regs., tit. 8, § 10964.) We have considered the allegations of the Petition for Reconsideration 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 for the reasons stated in the WCJ's report, which we adopt and incorporate, we will deny reconsideration.
Petition accepted as timely due to defective service of Joint Findings and Awards.
Official decision · page 1 →
Rules beside this one
Article 18. Reconsideration, Removal and Disqualification — regulations rarely stand alone, and the answer is often two sections away.
- § 10958Hearing and Burden of Proof. [Repealed]
- § 10959Petition Appealing Medical Provider Network Determination of the Administrative Director. [Renumbered]
- § 10960Petition for Disqualification of Workers' Compensation Judge.102 decisions
- § 10961Actions by Workers' Compensation Judge After Petition for Reconsideration is Filed.63 decisions
- § 10962Report of Workers' Compensation Judge.3 decisions
- § 10966Correction of Errors.1 decisions