What the panel ordered
Petition for reconsideration granted; WCJ decision of October 7, 2024 rescinded; matter returned to trial level for further proceedings and decision
Petition for reconsideration granted; original WCJ decision rescinded and matter returned to trial level for further proceedings
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 the petition for reconsideration because it acted timely within the 60-day period after transmission of the case to the Appeals Board, as required by Labor Code section 5909.
From the decision · page 3For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration is GRANTED. IT IS FURTHER ORDERED as the Decision After Reconsideration of the Workers' Compensation Appeals Board that the WCJ's decision of October 7, 2024 is RESCINDED and this matter is RETURNED to the trial level for further proceedings and decision by the WCJ.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The case was transmitted to the Appeals Board on November 12, 2024, and the petition for reconsideration was acted upon by January 13, 2025, within the 60-day period required by Labor Code section 5909.
Favours Applicant prevailed
This timely action satisfied the statutory requirement for the Appeals Board to act on the petition, leading to the grant of reconsideration.
From the decision · page 2Here, according to Events, the case was transmitted to the Appeals Board on November 12, 2024 and 60 days from the date of transmission is Saturday, January 11, 2025. The next business day that is 60 days from the date of transmission, is Monday, January 13, 2025. (See Cal. Code Regs., tit. 8, § 10600(b).)1 This decision is issued by or on Monday, January 13, 2025, so that we have timely acted on the petition as required by Labor Code section 5909(a).
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
Labor Code section 5909
The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board.
From the decision · page 1Former 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:
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About this page
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