Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 2. Powers, Duties and Responsibilities
The regulation, as printed
The following orders, decisions and awards shall be issued only by a panel of the Appeals Board or the Appeals Board acting en banc: (a) Any order, including a final, interim or interlocutory order, made more than 15 days after a petition for reconsideration is filed unless allowed by rule 10961. (b) All orders dismissing, denying or granting petitions for reconsideration. (c) All decisions after reconsideration that terminate proceedings on reconsideration, including, but not limited to, findings, orders, awards, orders approving or disapproving a Compromise and Release, orders allowing or disallowing a lien and orders for dismissal. (d) All orders dismissing, denying or granting petitions for removal and all orders pertaining to removal. (e) All orders in disciplinary proceedings pursuant to Labor Code section 4907. (f) Decisions on remittitur. (g) Orders disqualifying a workers' compensation judge under Labor Code section 5311.
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 115, 4907 and 5311, Labor Code.
1. New article 2 heading and renumbering of former section 10340 to section 10320, including amendment of section and Note, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10320, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ11453067 · 2025-12-12 · Van Nuys District Office8 CCR § 10320
Determinative passage · p.3Only the Appeals Board is statutorily authorized to issue a decision on a petition for reconsideration. (Lab. Code, § 112, 115, 5301, 5901, 5908.5, 5950; see Cal. Code Regs., tit. 8, § 10320, 10330.) The Appeals Board must conduct de novo review as to the merits of the petition and review the entire proceedings in the case. (Lab. Code, § 5906, 5908; see Lab. Code, § 5301, 5315, 5701, 5911.) Once a final decision by the Appeals Board on the merits of the petition issues, the parties may seek review under Labor Code section 59501, but appellate review is limited to review of the record certified by the Appeals Board. (Lab. Code, § 5901, 5951.)
The Appeals Board reviewed the entire record and the WCJ's Report and Recommendation before denying the petition.
Official decision · page 3 → - ADJ14930871 · 2025-11-03 · Santa Ana District Office8 CCR § 10320
Determinative passage · p.5III. Only the Appeals Board is statutorily authorized to issue a decision on a petition for reconsideration. (Lab. Code, § 112, 115, 5301, 5901, 5908.5, 5950; see Cal. Code Regs., tit. 8, § 10320, 10330.) The Appeals Board must conduct de novo review as to the merits of the petition and review the entire proceedings in the case. (Lab. Code, § 5906, 5908; see Lab. Code, § 5301, 5315, 5701, 5911.) Once a final decision by the Appeals Board on the merits of the petition issues, the parties may seek review under section 5950, but appellate review is limited to review of the record certified by the Appeals Board. (Lab. Code, § 5901, 5951.)
The Appeals Board reviewed the entire record and found the petition for reconsideration meritorious due to incomplete record and due process concerns.
Official decision · page 5 → - ADJ10616914 · 2025-05-19 · Los Angeles District Office8 CCR § 10320
Determinative passage · p.1We have considered the allegations of defendants G2 Secure Staff, LLC, New Hampshire Insurance Company, administered by Gallagher Bassett Services' Petition for Removal, applicant's Answer to the Petition, and the contents of the report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and based upon the WCJ's analysis of the merits of the petitioner's arguments in the WCJ's report, which we adopt and incorporate, we deny the Petition as one seeking reconsideration.
The Appeals Board reviewed the petition and denied it based on the WCJ's analysis.
Official decision · page 1 → - ADJ11541887 · 2025-01-17 · San Diego District Office8 CCR § 10320
Determinative passage · p.2Only the Appeals Board is statutorily authorized to issue a decision on a petition for reconsideration. (Lab. Code, § 112, 115, 5301, 5901, 5908.5, 5950; see Cal. Code Regs., tit. 8, § 10320, 10330.) The Appeals Board must conduct de novo review as to the merits of the petition and review the entire proceedings in the case. (Lab. Code, § 5906, 5908; see Lab. Code, § 5301, 5315, 5701, 5911.) Once a final decision by the Appeals Board on the merits of the petition issues, the parties may seek review under section 5950, but appellate review is limited to review of the record certified by the Appeals Board. (Lab. Code, § 5901, 5951.)
The Appeals Board applied these statutes and regulations to determine the timeliness and equitable tolling of the petition for reconsideration.
Official decision · page 2 → - ADJ20015360 · 2024-12-06 · Los Angeles District Office8 CCR § 10320
Determinative passage · p.1It has come to the attention of the Appeals Board that defendant City of Los Angeles has sought reconsideration of the decision issued on June 4, 2024, by a workers' compensation arbitrator (WCA) under Labor Code1 section 3201.7. The Petition for Reconsideration is attached as an exhibit to the Writ of Review filed with the Second Appellate District on October 28, 2024, and served on the Appeals Board at WCABWritUnit@dir.ca.gov.
The Appeals Board reviewed the procedural history and rules regarding filing and timeliness, accepted the petition despite email filing error, and granted reconsideration to ensure due process.
Official decision · page 1 → - ADJ2862836 · 2024-11-04 · Marina del Rey District Office8 CCR § 10320
Determinative passage · p.4Only the Appeals Board is statutorily authorized to issue a decision on a petition for reconsideration. (Lab. Code, § 112, 115, 5301, 5901, 5908.5, 5950; see Cal. Code Regs., tit. 8, § 10320, 10330.)2 The Appeals Board must conduct de novo review as to the merits of the petition and review the entire proceedings in the case. (Lab. Code, § 5906, 5908; see Lab. Code, § 5301, 5315, 5701, 5911.) Once a final decision by the Appeals Board on the merits of the petition issues, the parties may seek review under Labor Code section 5950, but appellate review is limited to review of the record certified by the Appeals Board. (Lab. Code, § 5901, 5951.)
The Appeals Board reviewed the petitions for reconsideration de novo and issued a decision after reconsideration.
Official decision · page 4 → - ADJ14297877 · 2024-10-14 · Anaheim District Office8 CCR § 10320
Determinative passage · p.2Only the Appeals Board is statutorily authorized to issue a decision on a petition for reconsideration. (Lab. Code, § 112, 115, 5301, 5901, 5908.5, 5950; see Cal. Code Regs., tit. 8, § 10320, 10330.)2 The Appeals Board must conduct de novo review as to the merits of the petition and review the entire proceedings in the case. (Lab. Code, § 5906, 5908; see Lab. Code, § 5301, 5315, 5701, 5911.) Once a final decision by the Appeals Board on the merits of the petition issues, the parties may seek review under Labor Code section 5950, but appellate review is limited to review of the record certified by the Appeals Board. (Lab. Code, § 5901, 5951.)
The Appeals Board reviewed the entire proceedings and granted reconsideration due to procedural irregularities and incomplete record.
Official decision · page 2 →
Rules beside this one
Article 2. Powers, Duties and Responsibilities — regulations rarely stand alone, and the answer is often two sections away.
- § 10322Workers' Compensation Appeals Board Records Not Subject to Subpoena. [Repealed]
- § 10324Ex Parte Communications. [Renumbered]
- § 10325En Banc and Significant Panel Decisions.4 decisions
- § 10330Authority of Workers' Compensation Judges.18 decisions
- § 10338Authority of Commissioners of the Appeals Board.
- § 10340Appeals Board Decisions and Orders. [Renumbered]