Authorities as the decision cited them, with how this panel applied each one.
California Labor Code
Labor Code section 5909
Governs timing and notice requirements for petitions for reconsideration and Appeals Board action.
From the decision · page 1Preliminarily, we note that 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:
California Court of Appeal
Tyler v. Workers' Comp. Appeals Bd. (1997) 56 Cal.App.4th 389
Mandates further record development when evidence is absent on an issue.
From the decision · page 4The WCAB has a duty to further develop the record when there is a complete absence of
(Tyler v. Workers' Comp. Appeals Bd. (1997) 56 Cal.App.4th 389, 393-395 [62 Cal.Comp.Cases
924]) or even insufficient (McClune v. Workers' Comp. Appeals Bd. (1998) 62 Cal.App.4th 1117,
1121-1122 [63 Cal.Comp.Cases 261]) evidence on an issue. The WCAB has a constitutional
mandate to ensure "substantial justice in all cases." (Kuykendall v. Workers' Comp. Appeals Bd.
(2000) 79 Cal.App.4th 396, 403 [65 Cal.Comp.Cases 264].) In accordance with that mandate, we
will grant reconsideration and amend the WCJ's decision to defer the issues industrial injury to
the right elbow, permanent disability, and attorneys' fees so that the medical record may be
clarified on those issues.
California Court of Appeal
McClune v. Workers' Comp. Appeals Bd. (1998) 62 Cal.App.4th 1117
Mandates further record development when evidence is insufficient on an issue.
From the decision · page 4The WCAB has a duty to further develop the record when there is a complete absence of
(Tyler v. Workers' Comp. Appeals Bd. (1997) 56 Cal.App.4th 389, 393-395 [62 Cal.Comp.Cases
924]) or even insufficient (McClune v. Workers' Comp. Appeals Bd. (1998) 62 Cal.App.4th 1117,
1121-1122 [63 Cal.Comp.Cases 261]) evidence on an issue. The WCAB has a constitutional
mandate to ensure "substantial justice in all cases." (Kuykendall v. Workers' Comp. Appeals Bd.
(2000) 79 Cal.App.4th 396, 403 [65 Cal.Comp.Cases 264].) In accordance with that mandate, we
will grant reconsideration and amend the WCJ's decision to defer the issues industrial injury to
the right elbow, permanent disability, and attorneys' fees so that the medical record may be
clarified on those issues.
California Court of Appeal
Kuykendall v. Workers' Comp. Appeals Bd. (2000) 79 Cal.App.4th 396
Mandates substantial justice and further record development when evidence is insufficient on an issue.
From the decision · page 4The WCAB has a duty to further develop the record when there is a complete absence of
(Tyler v. Workers' Comp. Appeals Bd. (1997) 56 Cal.App.4th 389, 393-395 [62 Cal.Comp.Cases
924]) or even insufficient (McClune v. Workers' Comp. Appeals Bd. (1998) 62 Cal.App.4th 1117,
1121-1122 [63 Cal.Comp.Cases 261]) evidence on an issue. The WCAB has a constitutional
mandate to ensure "substantial justice in all cases." (Kuykendall v. Workers' Comp. Appeals Bd.
(2000) 79 Cal.App.4th 396, 403 [65 Cal.Comp.Cases 264].) In accordance with that mandate, we
will grant reconsideration and amend the WCJ's decision to defer the issues industrial injury to
the right elbow, permanent disability, and attorneys' fees so that the medical record may be
clarified on those issues.