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 acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
Applied to determine timeliness of petition for reconsideration.
From the decision · page 1I.
Preliminarily, we note that 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:
Labor Code section 5904
Failure to timely petition for reconsideration of a final decision bars later challenge to the propriety of the decision before the WCAB or court of appeal.
Applied to bar late challenges to final decisions.
From the decision · page 3statute of limitations issues. (See Capital Builders Hardware, Inc. v. Workers' Comp. Appeals Bd.
(Gaona) (2016) 5 Cal.App.5th 658, 662 [81 Cal.Comp.Cases 1122].) Failure to timely petition for
reconsideration of a final decision bars later challenge to the propriety of the decision before the
WCAB or court of appeal. (See Lab. Code, § 5904.) Alternatively, non-final decisions may later
be challenged by a petition for reconsideration once a final decision issues.
Cal. Code Regs., tit. 8, 10955(a)
Removal is an extraordinary remedy granted only if significant prejudice or irreparable harm will result if removal is not granted, and reconsideration will not be an adequate remedy.
Applied to evaluate petitioner's request for removal.
From the decision · page 3Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v.
Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155];
Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70
Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that
significant prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs.,
tit. 8, § 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate
that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner
ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, based upon the WCJ's analysis of
the merits of the petitioner's arguments, we are not persuaded that significant prejudice or
irreparable harm will result if removal is denied and/or that reconsideration will not be an adequate
remedy.