This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at https://www.dir.ca.gov/od_pub/disclaimer.html.

Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 18. Reconsideration, Removal and Disqualification

§ 10961. Actions by Workers' Compensation Judge After Petition for Reconsideration is Filed.

Within 15 days of the timely filing of a petition for reconsideration, a workers' compensation judge shall perform one of the following actions:

(a) Prepare a Report and Recommendation on Petition for Reconsideration in accordance with rule 10962;

(b) Rescind the entire order, decision or award and initiate further proceedings within 30 days; or

(c) Rescind the order, decision or award and issue an amended order, decision or award. The time for filing a petition for reconsideration pursuant to Labor Code section 5903 will run from the filing date of the amended order, decision or award.

After 15 days have elapsed from the filing of a petition for reconsideration, a workers' compensation judge shall not issue any order in the case until the Appeals Board has denied or dismissed the petition for reconsideration or issued a decision after reconsideration.

Note: Authority cited: Section 5307, Labor Code. Reference: Sections 5903, 5906, 5907 and 5908.5, Labor Code.

HISTORY

1. Renumbering of former section 10859 to section 10961, including amendment of section heading, 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).

Go Back Go Back to Article 18 Table of Contents