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award of compensation shall be rescinded, altered, or amended after five years from the date of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award of compensation shall be rescinded, altered, or amended after five years from the date of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.