Authorities as the decision cited them, with how this panel applied each one.
WCAB Rule 10960
Petition for disqualification of WCJ must be filed within 10 days after service of notice or knowledge of grounds for disqualification.
The petition for disqualification was dismissed as untimely because it was not filed within 10 days after service of notice or knowledge of grounds for disqualification.
From the decision · page 3To the extent applicant requests disqualification of the WCJ, we dismiss it. WCAB Rule
10960 provides that when the WCJ and "the grounds for disqualification" are known, a petition
for disqualification "shall be filed not more than 10 days after service of notice of hearing or after
grounds for disqualification are known." Here, the petitions are untimely.
Cal. Code Regs., tit. 8, §§ 10600, 10605, 10940, 10615
Petition for reconsideration must be filed within 25 days of service of final decision; proof of mailing insufficient, must be received by WCAB within time limit.
The petitions filed on July 31, 2024 and October 9, 2024 were dismissed as untimely because they were filed after the 25-day deadline from the May 10, 2024 Findings and Order.
From the decision · page 3Cal. 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).)
Labor Code section 5909
Appeals Board must act on petition for reconsideration within 60 days of case transmission; petition deemed denied if not acted upon within that time.
The case was transmitted to the Appeals Board on September 27, 2024 and the decision was issued on November 26, 2024, within the 60-day period, satisfying the timeliness requirement for Board action.
From the decision · page 2Here, according to Events, the case was transmitted to the Appeals Board on
September 27, 2024 and 60 days from the date of transmission is Tuesday, November 26, 2024.
This decision is issued by or on Tuesday, November 26, 2024, so that we have timely acted on the
petition as required by section 5909(a).