Petition for reconsideration

What it is

A petition for reconsideration is how a party challenges a final order, decision or award of a workers' compensation judge or the Appeals Board. It goes to the seven-member WCAB after the trial judge reviews it and prepares a report. It is the required step before any court review.

The rule and its deadlines

Any aggrieved person may petition within 20 days after service of the final order, decision or award, on the limited grounds the statute lists, such as the Board acting without or in excess of its powers (Labor Code section 5903). When the decision is served by mail, fax or email, the time is extended by five calendar days for an address in California, 10 days elsewhere in the US, and 20 days outside the US (8 CCR 10605). A petition is deemed denied unless the Board acts on it within 60 days from the date the trial judge transmits the case to the Board, with notice of the transmittal to the parties (Labor Code section 5909, as amended effective July 13, 2026). Court review is by writ, due within 45 days after reconsideration is denied or after the decision on reconsideration (Labor Code section 5950).

Why it matters to an applicant firm

The 20-day window is short and runs from service, not receipt. A missed deadline makes the decision final. Firms calendar the petition date when the decision posts, and the answer deadline when the defense petitions.