What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by applicant and denied by the Appeals Board panel.
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 petition for reconsideration was timely filed within the 30-day period after service of the WCJ's decision, and the Appeals Board acted within the 60-day period after transmission to the Appeals Board, so the petition was properly considered and denied on the merits.
From the decision · page 2II. Next, we address the timeliness of applicant's petition. The Proof of Service for the November 10, 2025 Findings of Fact indicates defective service on applicant by including the wrong state for applicant's Las Vegas address (California ("CA") rather than Nevada ("NV"). Where the service of a decision is defective, the statutory time period for filing a petition for reconsideration does not begin to run until the decision is actually received. (See Hartford Acc. & Indem. Co. v. Worker's Comp. Appeals Bd. (Phillips) (1978) 86 Cal.App.3d 1, 3 [43
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ's decision was served on applicant on November 20, 2025, at the correct address.
Favours Applicant prevailed
This date started the 30-day period for filing a timely petition for reconsideration.
From the decision · page 3Cal.Comp.Cases 1193], Baker v. Worker's Comp. Appeals Bd. (2004) 69 Cal.Comp.Cases 1315, 1318 (writ den.).) While applicant does not state when he "received" the WCJ's decision, in his Attachment to Petition for Reconsideration, applicant asserts that "the Finding of Facts Opinion on Decision was served to the applicant on 11/20/2025." (Attachment to Petition for Reconsideration, at p. 12.) We note that November 20, 2025 is the date defendant served the WCJ's decision on applicant at applicant's address as listed on the Official Address Record. Therefore, we will use November 20, 2025 as the date of service.
The petition for reconsideration was filed on December 18, 2025, within the 30-day period allowed.
Favours Applicant prevailed
This made the petition timely and eligible for consideration on the merits.
From the decision · page 3There are 30 days allowed within which to file a petition for reconsideration from a "final" decision that has been served by mail upon an address outside California. (Lab. Code, § 5900(a), 5903; Cal. 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).) Based on this authority, applicant had until Monday, December 22, 2025 to seek reconsideration. Therefore, the Petition for Reconsideration filed on December 18, 2025 was timely.
The case was transmitted to the Appeals Board on January 12, 2026, and the Appeals Board acted on the petition on March 13, 2026, within the 60-day period required by Labor Code section 5909.
Favours Defendant prevailed
This ensured the petition was timely acted upon by the Appeals Board.
From the decision · page 2Here, according to Events, the case was transmitted to the Appeals Board on January 12, 2026, and 60 days from the date of transmission is March 13, 2026. This decision is issued by or on March 13, 2026, so that we have timely acted on the petition as required by 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 sections 5900(a), 5903; California Code of Regulations, title 8, sections 10600, 10605(a)(1), 10940(a), 10615(b)
A petition for reconsideration must be filed within 30 days of service of the final decision when served outside California, and the Appeals Board must act within 60 days of transmission of the case to the Appeals Board.
The petition was filed on December 18, 2025, within 30 days of service on November 20, 2025, and the Appeals Board acted on March 13, 2026, within 60 days of transmission on January 12, 2026.
From the decision · page 2II. Next, we address the timeliness of applicant's petition. The Proof of Service for the November 10, 2025 Findings of Fact indicates defective service on applicant by including the wrong state for applicant's Las Vegas address (California ("CA") rather than Nevada ("NV"). Where the service of a decision is defective, the statutory time period for filing a petition for reconsideration does not begin to run until the decision is actually received. (See Hartford Acc. & Indem. Co. v. Worker's Comp. Appeals Bd. (Phillips) (1978) 86 Cal.App.3d 1, 3 [43
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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.
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