Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 9. Filing and Service of Documents
The regulation, as printed
(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Section 5316, Labor Code; Sections 6700, 6701 and 6707, Government Code; and Sections 10, 12, 12a, 12b, 13 and 135, Code of Civil Procedure.
1. Amendment of section and Note filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 2. Amendment of article 9 heading, repealer of former section 10600 and renumbering of former section 10508 to section 10600, including amendment of section heading and section, 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 § 10600, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ3117080 · 2026-09-28 · Sacramento District Office8 CCR § 10600
Determinative passage · p.4Here, according to the proof of service for the Report, the Report was served on July 30, 2026 and the case was transmitted to the Appeals Board on July 30, 2026. Service of the Report and transmission of the case to the Appeals Board occurred on the same day. Thus, we conclude that the parties were provided with the notice of transmission required by section 5909(b)(1) because service of the Report in compliance with section 5909(b)(2) provided them with actual notice as to the commencement of the 60-day period on July 30, 2026. II. We first consider applicant’s Petition. There are 25 days allowed within which to file a petition for reconsideration from a “final” decision that has been served by mail upon an address in California, and 30 days when one of the parties is out of state. (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.
Applicant's petition was filed after the deadline, thus untimely and dismissed.
Official decision · page 4 → - ADJ16611684 · 2026-09-21 · Santa Ana District Office8 CCR § 10600
Determinative passage · p.3Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) In this case, the WCJ issued the Amended Findings and Award on May 6, 2026. Based on the authority cited above, applicant had until Monday, June 1, 2026 to seek reconsideration. EAMS reflects that applicant filed the Petition for Reconsideration on June 26, 2026. Therefore, it was untimely filed and will be dismissed. If we were not dismissing the petition as untimely, we would deny it on the merits for the reasons stated by the WCJ in the Amended Report.
The petition was filed after the deadline and was dismissed as untimely.
Official decision · page 3 → - ADJ19086907 · 2026-09-14 · Marina Del Rey District Office8 CCR § 10600
Determinative passage · p.5DISCUSSION We preliminarily address the issue raised by the WCJ as to the timeliness of defendant’s Petition. We observe that there are twenty (20) days allowed within which to file a petition for reconsideration from a “final” decision, plus five (5) calendar days if a party has been served by mail upon an address in 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.) In addition, if the party to be served is outside of California, but within the United States, the time in which to act is extended ten (10) calendar days from the date of service, or thirty (30) days total. (Cal. Code Regs., tit. 8, § 10605(a)(2).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v.
The Appeals Board found defendant's petition timely because service was properly effectuated on June 12, 2026, and the petition was filed June 30, 2026, within the allowed time.
Official decision · page 5 → - ADJ11722162 · 2026-08-28 · Van Nuys District Office8 CCR § 10600
Determinative passage · p.3Turning now to the merits of the Petition, as expressed in our numerous prior Opinions, there are twenty (20) days allowed within which to file for reconsideration from a “final” decision. (Lab. Code, §§ 5900(a), 5903.) This time limit is extended by five (5) calendar days to allow for service upon an address within California. (Cal. Code Regs., tit. 8, § 10605(a)(1).) It is further 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 considered timely, a petition for reconsideration must be filed with (i.e., received by) the Appeals Board 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).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers’ Comp. Appeals Bd. (2000) Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v.
The petition filed on June 26, 2026, was untimely as it was filed more than 20 days after the June 13, 2025 decision, and was also successive and duplicative.
Official decision · page 3 → - ADJ11175844 · 2026-08-24 · Anaheim District Office8 CCR § 10600
Determinative passage · p.2Under Labor Code section 5909(a) (in effect from July 2, 2024 through June 30, 2026), the Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board. Transmission is reflected in Events in the Electronic Adjudication Management System (EAMS). Specifically, in Case Events, under Event Description is the phrase “Sent to Recon” and under Additional Information is the phrase “The case is sent to the Recon board.” Here, according to Events, the case was transmitted to the Appeals Board on June 24, 2026, and 60 days from the date of transmission is Sunday, August 23, 2026. The next business day that is 60 days from the date of transmission is Monday, August 24, 2026. (See Cal. Code Regs., tit. 8, § 10600(b).) 1 This decision is issued by or on Monday, August 24, 2026, so that we have timely 0F
The 60-day deadline fell on Sunday, August 23, 2026, so the deadline was extended to Monday, August 24, 2026, the date of decision issuance.
Official decision · page 2 → - ADJ745798 · 2026-07-20 · Salinas District Office8 CCR § 10600
Determinative passage · p.38, §§ 10940(a), 10615(b).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) In this case, applicant contends she is aggrieved by a decision that was filed on December 26, 2001. However, we are unable to locate any decision that was issued on this date. Even if there was, based on the authority cited above, applicant had until Friday, January 25, 2002, to file a timely petition. Therefore, the Petition filed on May 11, 2026 is untimely and must be dismissed. Accordingly, we dismiss applicant’s Petition for Reconsideration.
The Petition filed on May 11, 2026 was beyond the allowed filing period for a decision allegedly issued on December 26, 2001, thus untimely and dismissed.
Official decision · page 3 → - ADJ2419734 · 2026-05-07 · San Francisco District Office8 CCR § 10600
Determinative passage · p.4This time limit is jurisdictional, and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650, 656]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers' Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008, 1011]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73, 75§ 76].)
The Board found the petition untimely and dismissed it for lack of jurisdiction.
Official decision · page 4 → - ADJ1545786 · 2026-03-30 · Santa Rosa District Office8 CCR § 10600
Determinative passage · p.33 WCAB Rule 10600(b) (Cal. Code Regs., tit. 8, § 10600(b)) states that: Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day.
The deadline for the Appeals Board to act on the petition was extended to the next business day, March 30, 2026, when the decision was issued.
Official decision · page 3 →
Rules beside this one
Article 9. Filing and Service of Documents — regulations rarely stand alone, and the answer is often two sections away.
- § 10601Copies of Reports and Records. [Repealed].1 decisions
- § 10602Formal Permanent Disability Rating Determinations. [Renumbered]1 decisions
- § 10603Oversized Exhibits, Diagnostic Imaging, Physical Exhibits, and Exhibits on Media. [Renumbered]
- § 10604Certified Copies. [Repealed]
- § 10605Time Within Which to Act When a Document is Served by Mail, Fax or E-Mail.141 decisions
- § 10606Physicians' Reports as Evidence. [Renumbered]