Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
A petition for reconsideration is deemed denied unless the Appeals Board acts on it within 60 days from the date a trial judge transmits the case to the Appeals Board.
The Appeals Board acted timely on the petition within the 60-day period after transmission on April 17, 2025.
From the decision · page 1I.
Former Labor Code section 59091 provided that a petition for reconsideration was deemed
denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab.
Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:
(a) A petition for reconsideration is deemed to have been denied by the appeals
Labor Code section 5803
The Appeals Board has continuing jurisdiction over all its orders, decisions, and awards made and entered under Division 4, except as limited by section 5804.
The WCAB has jurisdiction to enforce the Award despite the five-year limitation on rescinding or amending awards under section 5804.
From the decision · page 2II.
The WCAB has jurisdiction to enforce the Award. Subject to the limitations of section
5804, "[t]he appeals board has continuing jurisdiction over all its orders, decisions, and awards
Labor Code section 5804
No award of compensation shall be rescinded, altered, or amended after five years from the date of injury except upon a timely petition by a party in interest.
The limitation on rescinding or amending awards after five years does not constrain the WCAB's power to enforce an award.
From the decision · page 3made and entered under the provisions of [Division 4]...." (Lab. Code, § 5803.) Section 5804
provides in pertinent part: "No award of compensation shall be rescinded, altered, or amended
after five years from the date of the injury except upon a petition by a party in interest filed within
such five years...." (Lab. Code, § 5804.) However, the power of the WCAB to enforce an award is
not constrained by the limitations set forth in section 5804 with respect to rescinding, altering, or
amending an award. (Barnes v. Workers' Comp. Appeals Bd. (2000) 23 Cal.4th 679, 687 [65
Cal.Comp.Cases 780]; Kauffman v. Workers' Comp. Appeals Bd. (1969) 273 Cal.App.2d 829, 838-
839 [34 Cal.Comp.Cases 373], emphasis added.)
Labor Code section 5300
Proceedings for recovery of compensation or enforcement of liability must be instituted before the Appeals Board.
The WCAB is vested with authority to conduct proceedings regarding recovery of compensation and enforcement of liability.
From the decision · page 3Where, as here, more than five years have elapsed since the date of injury (DOI), the
WCAB is vested with the authority and jurisdiction to conduct proceedings regarding the recovery
of compensation. (Lab. Code, § 5300, et seq., emphasis added.) Section 5300 provides, in relevant
part: