Authorities as the decision cited them, with how this panel applied each one.
WCAB Rule 10555
WCAB Rule 10555 requires a petition for credit to include a copy of the settlement or judgment and an itemization of credit applied to expenses and attorney's fees.
The Board noted the petition lacked the settlement agreement and itemization but recommended a hearing to create a proper record.
From the decision · page 4We do recommend, however, that the petition be set for a hearing on the merits as the
injured worker is not represented and should be apprised of his rights as it pertains to the credit.
WCAB Rule 10555(b) (Cal. Code Regs., tit. 8, § 10555) requires a petition for credit to include
(1) a copy of the settlement or judgement, if available; and (2) an itemization of any credit applied
to expenses and attorney's fees pursuant to sections 3856, 3858, and 3860. Although it is not in
evidence currently, the itemization applied to expenses and attorney's fees, but the actual
Rymer v. Hagler (1989) 211 Cal.App.3d 1171; Safeway Stores, Inc. v. Workers' Comp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d 528; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39; Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068
A petition for reconsideration may only be taken from a final order, decision, or award that determines substantive rights or threshold issues fundamental to the claim.
The WCJ's Order denying the petition was a final order affecting defendant's right to a credit, making the petition for reconsideration appropriate.
From the decision · page 3II.
A petition for reconsideration may properly be taken only from a "final" order, decision,
or award. (Lab. Code, § 5900(a), 5902, 5903.) A "final" order has been defined as one that either
"determines any substantive right or liability of those involved in the case" (Rymer v. Hagler
(1989) 211 Cal.App.3d 1171, 1180; Safeway Stores, Inc. v. Workers' Comp. Appeals Bd. (Pointer)
(1980) 104 Cal.App.3d 528, 534-535 [45 Cal.Comp.Cases 410]; Kaiser Foundation Hospitals v.
Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39, 45 [43 Cal.Comp.Cases 661])
Labor Code section 5909
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 transmission by service of the Report and Recommendation.
The Board found that service of the Report and transmission of the case to the Appeals Board on April 15, 2026, satisfied the notice requirements and commencement of the 60-day period for Board action.
From the decision · page 3Here, according to the proof of service for the Report and Recommendation by the workers'
compensation administrative law judge, the Report was served on April 15, 2026 and the case was
transmitted to the Appeals Board on April 15, 2026. Service of the Report and transmission of the
case to the Appeals Board occurred on the same day. Thus, we conclude that the parties were
provided with the notice of transmission required by section 5909(b)(1) because service of the
Report in compliance with section 5909(b)(2) provided them with actual notice as to the
commencement of the 60-day period on April 15, 2026.
WCJ may issue a Notice of Intention (NIT) for any proper purpose, including granting or denying a petition, to afford parties an opportunity to be heard.
The WCJ should have issued an NIT before denying the petition to provide due process; failure to do so was error and grounds for rescission.