Supplemental Petitions. 8 CCR § 10964

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.

• ADJ16267092 · 2026-07-23 · Anaheim District Office8 CCR § 10964

  Determinative passage · p.1Applicant petitioned for reconsideration of the “Joint Findings of Fact” (F&A) issued on November 20, 2025, by the workers’ compensation administrative law judge (WCJ). The WCJ found, in pertinent part, that applicant was not an employee of defendant, but an independent contractor. Applicant contends that he was an employee and that defendant failed to establish its affirmative defense. We have received an answer from defendant. We received a request to file a supplemental petition from applicant, which we accept. (Cal. Code Regs., tit. 8, § 10964.) The WCJ filed a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. Thereafter, we issued an order granting the petition, pending further review of the entire record. Subsequently, the parties successfully participated in a voluntary mediation at the Appeals Board. On July 16, 2026, the parties advised that a proposed settlement by Compromise and Release (C&R) had been reached, and requested return of the matter to the trial level for review of the proposed settlement.

  Accepted supplemental petition for reconsideration under this regulation.

  Official decision · page 1 →
• 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 →