Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
A petition for reconsideration is deemed denied unless the Appeals Board acts on the petition within 60 days from the date a trial judge transmits a case to the appeals board.
The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board, and parties must be notified of the transmission date.
From the decision · page 3I.
Former Labor Code section 5909 provided that a petition for reconsideration was deemed
denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab.
Code, § 5909.) Effective July 2, 2024, Labor Code section 5909 was amended to state in relevant
part that:
(a) A petition for reconsideration is deemed to have been denied by the appeals
board unless it is acted upon within 60 days from the date a trial judge transmits a
case to the appeals board.
Labor Code section 5803
The Appeals Board has continuing jurisdiction over all its orders, decisions, and awards and may rescind, alter, or amend any order, decision, or award for good cause upon notice and opportunity to be heard.
The Appeals Board may dismiss an application or alter an order if good cause appears, but a proper record must be created for review.
From the decision · page 4II.
The Appeals Board "has continuing jurisdiction over all its orders, decisions, and awards.... At any time, upon notice and after an 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.) Further, WCAB Rule 10832 states the Appeals Board may issue a
notice of intention for any proper purpose, including dismissing an application. (Cal. Code Regs.,
tit. 8, § 10832(a).)
However, there must be a complete record for our review of the case. "[A] proper record
enables any reviewing tribunal, be it the Board on reconsideration or a court on further appeal, to
understand the basis for the decision." (Hamilton v. Lockheed Corporation (2001) 66
WCAB Rule 10832
The Appeals Board may issue a notice of intention for any proper purpose, including dismissing an application.
The rule authorizes the Appeals Board to dismiss applications and issue notices of intention for proper purposes.
From the decision · page 4II.
The Appeals Board "has continuing jurisdiction over all its orders, decisions, and awards.... At any time, upon notice and after an 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.) Further, WCAB Rule 10832 states the Appeals Board may issue a
notice of intention for any proper purpose, including dismissing an application. (Cal. Code Regs.,
tit. 8, § 10832(a).)
However, there must be a complete record for our review of the case. "[A] proper record
enables any reviewing tribunal, be it the Board on reconsideration or a court on further appeal, to
understand the basis for the decision." (Hamilton v. Lockheed Corporation (2001) 66