Statutory Text (Select Highlights):
Labor Code §5900(a):
Any person aggrieved directly by any final order, decision, or award made and filed by the appeals board under the provisions of this division may petition for reconsideration in respect to any matters determined or covered by the final order, decision, or award.Labor Code §5903:
The petition shall be made only within 20 days after the service of any final order, decision, or award made by the appeals board and shall state specifically and in full detail the grounds upon which the petitioner considers the final order, decision, or award to be unjust or unlawful, and every issue to be considered by the appeals board.Labor Code §5904:
The petitioner shall serve a copy of the petition for reconsideration upon all adverse parties or their attorneys of record.Labor Code §5908.5:
Every order, decision, or award of the appeals board shall be made and filed within 60 days after the submission of a cause by the parties.
Understanding Labor Code §§5900–5911 – Petitions for Reconsideration in California Workers’ Compensation
If you disagree with a final decision made by a workers’ compensation judge or the Workers’ Compensation Appeals Board (WCAB), you may be able to challenge that ruling through a formal Petition for Reconsideration.
This process is governed by Labor Code sections 5900 through 5911, which give injured workers—and employers—a legal pathway to request a review of a final order or award.
⚖️ What Is a Petition for Reconsideration?
A petition for reconsideration is essentially an appeal of a final decision. It asks the WCAB commissioners to reexamine the case and either change, rescind, or reissue the ruling.
It can apply to:
- Denials or reductions of benefits
- Incorrect findings about permanent disability
- Errors in applying the law
- Procedural mistakes by the judge
⏳ Strict Time Limits Apply
One of the most important rules: You only have 20 days to file a petition for reconsideration after the judge’s decision is served.
Missing this deadline means your right to appeal is gone—even if the decision was clearly wrong.
🧾 What the Petition Must Include
Under Labor Code §5903, your petition must:
- Be filed within 20 days
- Be served on all opposing parties
- State clearly why the decision is wrong
- List every legal or factual issue you want the WCAB to reconsider
If your petition is vague or poorly drafted, it can be denied without review.
What the WCAB Can Do
Once your petition is filed, the WCAB can:
- Grant reconsideration and issue a new decision
- Deny reconsideration (letting the original decision stand)
- Remand the case for further proceedings
- Take no action (in which case, the petition is deemed denied after 60 days)
Either way, the commissioners must act within 60 days of the petition being submitted.
Common Grounds for Reconsideration
Petitions are often granted when:
- The judge made a mistake of fact (e.g., misreading medical records)
- There was a legal error (e.g., misapplying a Labor Code section)
- New evidence surfaces that wasn’t available before
- There was bias, misconduct, or failure to follow proper procedures
However, disagreeing with the outcome alone is not enough. You must show a valid legal reason for the reconsideration.
Why Legal Help Matters
Filing a Petition for Reconsideration is not something you should try to handle alone. These petitions are highly technical and often scrutinized closely by the WCAB.
At Employees First Labor Law, we:
- Review the judge’s decision for reversible errors
- Draft persuasive petitions grounded in law and evidence
- Navigate procedural rules and strict filing deadlines
- Advocate for a just outcome on your behalf
📚 Learn More
Want to understand more key protections under California law? Check out our full guide:
👉 Top 25 California Labor Codes for Workers’ Comp
Contact Employees First Labor Law to make sure your medical rights are protected and your recovery isn’t compromised.
