What the panel ordered
Petition for Reconsideration granted solely to amend Findings of Fact number 3 to specify panels in cardiovascular disease and psychology; otherwise, the Amended Findings and Order of October 10, 2025 affirmed.
Defendant sought reconsideration of the Findings and Order and Amended Findings and Order of the WCJ; the WCJ prepared a Report and Recommendation on Petition for Reconsideration recommending denial; the Appeals Board granted reconsideration solely to amend Findings of Fact number 3 and otherwise affirmed the WCJ's decision.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board granted reconsideration solely to amend the Findings of Fact to specify the correct panels in cardiovascular disease and psychology, affirming the WCJ's decision otherwise.
From the decision · page 1Defendant seeks reconsideration of the Findings and Order (F&O) of September 30, 2025, and the Amended Findings and Order (Amended F&O) of October 10, 2025. In the F&O of September 30, 2025, the workers' compensation judge (WCJ) found in relevant part that applicant while employed by defendant sustained injury arising out of and in the course of employment (AOE/COE) to her right ankle, right foot, bilateral writs, tailbone/coccyx, claims to have sustained injury AOE/COE to her left ankle, bilateral knees, psyche, heart, and stroke/brain; and that applicant is entitled to panels in the fields of cardiovascular disease and psychiatry. Following an October 7, 2025 letter from applicant's attorney requesting the WCJ's decision be corrected to order panels in psychology and cardiovascular, rather than psychiatry and cardiovascular, the WCJ issued the Amended F&O. Therein, the WCJ corrected the Order to specify a panel in psychology rather than psychiatry, but did not amend Findings of Fact number three (3) to reflect the change in specialty from psychiatry to psychology.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ's Findings of Fact number 3 originally specified a psychiatry panel but the order specified a psychology panel.
Favours Applicant prevailed
The Appeals Board granted reconsideration to amend the Findings of Fact to specify the correct panels in cardiovascular disease and psychology, correcting the clerical error.
From the decision · page 1Defendant seeks reconsideration of the Findings and Order (F&O) of September 30, 2025, and the Amended Findings and Order (Amended F&O) of October 10, 2025. In the F&O of September 30, 2025, the workers' compensation judge (WCJ) found in relevant part that applicant while employed by defendant sustained injury arising out of and in the course of employment (AOE/COE) to her right ankle, right foot, bilateral writs, tailbone/coccyx, claims to have sustained injury AOE/COE to her left ankle, bilateral knees, psyche, heart, and stroke/brain; and that applicant is entitled to panels in the fields of cardiovascular disease and psychiatry. Following an October 7, 2025 letter from applicant's attorney requesting the WCJ's decision be corrected to order panels in psychology and cardiovascular, rather than psychiatry and cardiovascular, the WCJ issued the Amended F&O. Therein, the WCJ corrected the Order to specify a panel in psychology rather than psychiatry, but did not amend Findings of Fact number three (3) to reflect the change in specialty from psychiatry to psychology.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Toccalino v. Worker's Comp. Appeals Bd. (1982) 128 Cal.App.3d 543
The Appeals Board may correct clerical errors at any time.
The Board corrected the Findings of Fact to specify the correct panels in cardiovascular disease and psychology.
From the decision · page 2We have considered the allegations of the Petition for Reconsideration, the Answer, and the contents of the Report with respect thereto. Based on our review of the record, and for the reasons stated below, we will grant reconsideration for the sole purpose of amending Findings of Fact number 3 to state that applicant is entitled to panels in the fields of cardiovascular disease and psychology. The Appeals Board may correct clerical errors at any time. (Toccalino v. Worker's Comp. Appeals Bd. (1982) 128 Cal.App.3d 543, 558 [47 Cal.Comp.Cases 145].) We will otherwise affirm the WCJ's decision based upon the WCJ's analysis of the merits of the petitioner's arguments in the WCJ's Report.
Labor Code section 5909
A petition for reconsideration is deemed denied unless acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
The Board applied the amended Labor Code section 5909 to the timing of the petition for reconsideration.
From the decision · page 2I. Former Labor Code1 section 5909 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 board unless it is acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
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About this page
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