What the panel ordered
Denied the applicant's Petition for Reconsideration.
Applicant seeks reconsideration of a WCJ's Amended Findings and Award of November 18, 2025, which found industrial injury and permanent disability, additional temporary disability, and need for further medical treatment.
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.
Applicant stipulated to the temporary disability rate at trial and did not raise any issue regarding the indemnity rate, thus waiving the issue. The petition for reconsideration was denied.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant stipulated to the temporary disability indemnity rate at trial and did not raise any issue regarding the indemnity rate.
Favours Defendant prevailed
This stipulation waived the issue and led to denial of the petition for reconsideration.
The rules the panel named
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 the petition within 60 days from the date a trial judge transmits a case to the appeals board.
The Appeals Board acted timely on the petition within 60 days of transmission, so the petition was not deemed denied.
From the decision · page 2As explained below, we will deny the applicant's Petition. Preliminarily, we note that former Labor Code 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, Labor Code section 5909 was amended to state in relevant part that:
Labor Code section 4453
Average weekly earnings are determined as of the time of injury and the date an injury first causes compensable disability.
Applicant stipulated to the temporary disability indemnity rate and did not raise any issue regarding the indemnity rate, thus waiving the issue.
From the decision · page 3Average weekly earnings are determined as of the "time of injury" (Lab. Code, § 4453, subd. (c)) and the date an injury first causes compensable disability (See generally Van Voorhis v. Workmen's Comp. Appeals Bd. (1974) 37 Cal.App.3d 81 [39 Cal.Comp.Cases 81].) Here, applicant stipulated to a temporary disability indemnity rate and did not raise any issue regarding the indemnity rate. (Lab. Code, § 5502, subd. (d)(3).) Applicant has not set forth good cause to
What proof carried it
The evidence the panel weighed, by kind.
Applicant stipulated to the temporary disability indemnity rate at trial and did not raise any issue regarding the indemnity rate.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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