In this guide8 sections
A petition for reconsideration is how you ask the Workers’ Compensation Appeals Board (WCAB) to review a final decision by a workers’ comp judge that you believe is wrong, such as a denial of your claim or a low permanent disability award. Under Labor Code §5903, it generally must be filed within 20 days after the decision is served, and it can rely only on the grounds the statute lists. The petition must spell out every issue in detail, because objections you leave out are waived.
Key takeaways
- You have 20 days from service of a final order, decision or award to petition for reconsideration (§5903); WCAB rules can add time when the decision was served by mail or another non-personal method.
- The petition must be verified, state the grounds “specifically and in full detail,” and list every issue; anything not raised is deemed waived (§§5902, 5904).
- Since July 2, 2024, a petition is deemed denied unless the board acts within 60 days from the date the trial judge transmits the case to the appeals board (§5909).
- After reconsideration is denied or decided, a party can seek a writ of review in the Court of Appeal or Supreme Court within 45 days (§5950).
What Labor Code §§5900–5911 cover
These sections set the rules for asking the appeals board to take a second look at a final decision:
- §5900: Any person aggrieved directly or indirectly by a final order, decision or award may petition for reconsideration. The board may also grant reconsideration on its own motion within 60 days after a judge’s decision is filed.
- §5902: The petition must set out specifically and in full detail why the decision is unjust or unlawful and every issue the board should consider. It must be verified under oath and include a general statement of the evidence relied on.
- §5903: The 20-day deadline and the five permitted grounds (below).
- §5904: Filing a petition waives all objections, irregularities and illegalities not stated in it.
- §5905: The petitioner must promptly serve all adverse parties, who may file a verified answer within 10 days after service.
- §5908.5: The board’s decision must be in writing, signed by a majority of the assigned commissioners, and state the evidence relied on and the reasons in detail.
- §5909: The 60-day period for the board to act, measured from the trial judge’s transmission of the case.
The five grounds for reconsideration
Disagreeing with the result isn’t enough by itself. Section 5903 limits petitions to these grounds:
- The board or judge acted without or in excess of its powers.
- The order, decision or award was procured by fraud.
- The evidence does not justify the findings of fact.
- You discovered new, material evidence that you could not, with reasonable diligence, have found and presented at the hearing.
- The findings of fact do not support the order, decision or award.
In practice, many petitions argue that the judge relied on a medical report that isn’t substantial evidence, misapplied the rating schedule or a statute, or decided an issue that wasn’t properly before the court.
How the process works
| Step | Timing | Source |
|---|---|---|
| File verified petition and serve all parties | Within 20 days after service of the decision (plus any extension for non-personal service) | Labor Code §§5903, 5905; 8 CCR §10605 |
| Other side files an answer | Within 10 days after service of the petition | Labor Code §5905 |
| Trial judge’s report to the appeals board | Within 15 days after the petition is filed, unless extended | 8 CCR §10962 |
| Board acts on the petition | Within 60 days after the judge transmits the case, or it’s deemed denied | Labor Code §5909 |
| Writ of review in the appellate courts | Within 45 days after reconsideration is denied, or after the decision on reconsideration is filed | Labor Code §5950 |
When the trial judge transmits the case, the judge must give notice to the parties and the board, and serving the judge’s report counts as that notice. The board can grant reconsideration and issue a new decision, deny it, or rescind the decision and return the case to the trial judge for more proceedings.
Under 8 CCR §10605, deadlines are generally extended by five calendar days when a document is served by mail, fax, email or other non-personal method to an address in California. Because the 20-day deadline is strict, don’t count on the extension; calculate your due date carefully and file early.
A hypothetical example
Rosa, a hotel housekeeper, goes to trial over her back injury. The judge awards 18% permanent disability, relying on a QME report that never explains how the doctor applied the rating guides to Rosa’s test results. Rosa believes the report isn’t substantial evidence.
Within 20 days after the decision is served, her attorney files a verified petition arguing that the evidence does not justify the findings, explaining exactly where the report falls short and asking that the record be developed. The petition is served on the insurer, which has 10 days to answer. The judge writes a report and transmits the case, and the board has 60 days from transmission to act. If the board agrees, it may rescind the award and send the case back for further medical reporting. To understand how ratings affect value, see what your PD rating is worth.
Reconsideration vs. other options
- Interim, non-final orders. Reconsideration is for final decisions. Interlocutory orders, such as many discovery or procedural rulings, are generally challenged with a petition for removal, which follows separate rules.
- Settlements. A settlement becomes binding once a judge approves it, so the time to raise concerns is before you sign. Before signing a Compromise and Release or Stipulated Award, make sure you understand the terms.
- Later worsening. If your condition gets worse after an award, a petition to reopen for new and further disability, filed within five years of the date of injury (§5410), is usually the right tool, not reconsideration.
For how trials and conferences lead to a final decision, see workers’ comp hearings: MSC, trial and the WCAB.
Frequently asked questions
What happens if I miss the 20-day deadline?
A late petition is generally dismissed, and the decision becomes final. That’s why it’s important to talk to a lawyer as soon as you receive a decision you disagree with.
Can I add new arguments after filing?
Generally no. Section 5904 treats any objection not set out in the petition as waived, so the petition must be complete when filed.
Does the insurer get to petition too?
Yes. Any aggrieved party, including an employer or insurer, can petition, and you can file a verified answer within 10 days after being served.
Do I need a lawyer to file a petition for reconsideration?
You aren’t required to have one, but petitions are technical, must be verified and must address every issue in detail. See when to hire a workers’ comp attorney.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively in workers’ comp cases across California. We offer free virtual consultations to review a decision you received and your deadline. Contact us or call (310) 853-3461. The DWC Information and Assistance Unit also gives free help to injured workers.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
