What the panel ordered
The WCAB rescinded the December 23, 2022 dismissal order and returned the matter to the trial level for further proceedings.
Applicant sought reconsideration of the dismissal order issued by the WCJ on December 23, 2022, after initially requesting dismissal but then changing her mind and wanting to pursue the matter.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB found the Petition for Reconsideration timely and properly filed before service of the dismissal order, granting continuing jurisdiction and rescinding the dismissal order to allow further proceedings.
From the decision · page 1Applicant sought reconsideration of the dismissal order issued by the workers' compensation administrative law judge (WCJ) on December 23, 2022. Applicant contends that after asking for the matter to be dismissed, she changed her mind and now wants to pursue the matter.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant filed a Petition for Reconsideration one week after dismissal but before service of the dismissal order.
Favours Applicant prevailed
This timely filing allowed the WCAB to exercise continuing jurisdiction and rescind the dismissal order.
From the decision · page 2On December 29, 2022, one week after the dismissal order was issued, but before it was served, applicant's counsel filed and served a Petition for Reconsideration on applicant's behalf. In it, counsel wrote, "On December 29, 2022, the Applicant contacted the undersigned counsel and changed her mind, stating she now wishes to continue with her case and confirmed she would participate if the Court would allow the case to proceed." Counsel requested that, based on this change of circumstance, the dismissal order be rescinded.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10850(a)
Dismissal of a petition at applicant's request must issue forthwith under WCAB Rule 10850(a).
The dismissal order was initially issued per applicant's request but reconsidered due to changed circumstances.
From the decision · page 2DISCUSSION Dismissal of a petition, at applicant's request, is governed by WCAB Rule 10850(a), which requires that upon request by the employee for dismissal, "orders of dismissal of applications for adjudication of claim shall issue forthwith." (Cal. Code Regs., tit. 8, § 10850(a).) "The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of [Division 4]...At any time, upon notice and after the opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor." (Lab. Code, § 5803.) "No award of compensation shall be rescinded, altered, or amended after five years from the date of injury except upon a petition by a party in interest filed within such five years..." (Lab. Code, § 5804.) An appropriate pleading must be filed with the Appeals Board within five years of the date of injury to invoke the Appeals Board's continuing jurisdiction. (Lab.
Lab. Code, 5803
The Appeals Board has continuing jurisdiction over all its orders and may rescind, alter, or amend any order for good cause.
The WCAB exercised continuing jurisdiction to rescind the dismissal order based on timely petition.
From the decision · page 2DISCUSSION Dismissal of a petition, at applicant's request, is governed by WCAB Rule 10850(a), which requires that upon request by the employee for dismissal, "orders of dismissal of applications for adjudication of claim shall issue forthwith." (Cal. Code Regs., tit. 8, § 10850(a).) "The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of [Division 4]...At any time, upon notice and after the opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor." (Lab. Code, § 5803.) "No award of compensation shall be rescinded, altered, or amended after five years from the date of injury except upon a petition by a party in interest filed within such five years..." (Lab. Code, § 5804.) An appropriate pleading must be filed with the Appeals Board within five years of the date of injury to invoke the Appeals Board's continuing jurisdiction. (Lab.
Lab. Code, 5804
No award of compensation shall be rescinded after five years from the date of injury except upon a timely petition.
The petition was timely filed within five years of injury, allowing rescission of the dismissal order.
From the decision · page 2DISCUSSION Dismissal of a petition, at applicant's request, is governed by WCAB Rule 10850(a), which requires that upon request by the employee for dismissal, "orders of dismissal of applications for adjudication of claim shall issue forthwith." (Cal. Code Regs., tit. 8, § 10850(a).) "The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of [Division 4]...At any time, upon notice and after the opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor." (Lab. Code, § 5803.) "No award of compensation shall be rescinded, altered, or amended after five years from the date of injury except upon a petition by a party in interest filed within such five years..." (Lab. Code, § 5804.) An appropriate pleading must be filed with the Appeals Board within five years of the date of injury to invoke the Appeals Board's continuing jurisdiction. (Lab.
Lab. Code, 5900(a)
A Petition for Reconsideration may only be taken from a final order, decision, or award.
The dismissal order was a final order granting zero compensation, thus subject to reconsideration.
From the decision · page 2DISCUSSION Dismissal of a petition, at applicant's request, is governed by WCAB Rule 10850(a), which requires that upon request by the employee for dismissal, "orders of dismissal of applications for adjudication of claim shall issue forthwith." (Cal. Code Regs., tit. 8, § 10850(a).) "The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of [Division 4]...At any time, upon notice and after the opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor." (Lab. Code, § 5803.) "No award of compensation shall be rescinded, altered, or amended after five years from the date of injury except upon a petition by a party in interest filed within such five years..." (Lab. Code, § 5804.) An appropriate pleading must be filed with the Appeals Board within five years of the date of injury to invoke the Appeals Board's continuing jurisdiction. (Lab.
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- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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