Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 9. Filing and Service of Documents
The regulation, as printed
(a) When any document is served by mail, fax, e-mail or any method other than personal service, the period of time for exercising or performing any right or duty to act or respond shall be extended by: (1) Five calendar days from the date of service, if the place of address and the place of mailing of the party, attorney or other agent of record being served is within California; (2) Ten calendar days from the date of service, if the place of address and the place of mailing of the party, attorney or other agent of record being served is outside of California but within the United States; and (3) Twenty calendar days from the date of service, if the place of address and the place of mailing of the party, attorney or other agent of record being served is outside the United States. (b) For purposes of this rule, “place of address and the place of mailing” means the street address or Post Office Box of the party, attorney or other agent of record being served, as reflected in the Official Address Record at the time of service, even if the method of service actually used was fax, e-mail or other agreed-upon method of service.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Section 5316, Labor Code.
1. New section filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 2. Renumbering of former section 10605 to section 10680 and renumbering and amendment of former section 10507 to section 10605 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10605, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ16611684 · 2026-09-21 · Santa Ana District Office8 CCR § 10605
Determinative passage · p.3Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) In this case, the WCJ issued the Amended Findings and Award on May 6, 2026. Based on the authority cited above, applicant had until Monday, June 1, 2026 to seek reconsideration. EAMS reflects that applicant filed the Petition for Reconsideration on June 26, 2026. Therefore, it was untimely filed and will be dismissed. If we were not dismissing the petition as untimely, we would deny it on the merits for the reasons stated by the WCJ in the Amended Report.
The petition was filed after the deadline and was dismissed as untimely.
Official decision · page 3 → - ADJ19086907 · 2026-09-14 · Marina Del Rey District Office8 CCR § 10605
Determinative passage · p.5DISCUSSION We preliminarily address the issue raised by the WCJ as to the timeliness of defendant’s Petition. We observe that there are twenty (20) days allowed within which to file a petition for reconsideration from a “final” decision, plus five (5) calendar days if a party has been served by mail upon an address in California. (Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) In addition, if the party to be served is outside of California, but within the United States, the time in which to act is extended ten (10) calendar days from the date of service, or thirty (30) days total. (Cal. Code Regs., tit. 8, § 10605(a)(2).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v.
The Appeals Board found defendant's petition timely because service was properly effectuated on June 12, 2026, and the petition was filed June 30, 2026, within the allowed time.
Official decision · page 5 → - ADJ12006252 · 2026-09-04 · Los Angeles District Office8 CCR § 10605
Determinative passage · p.2Turning now to the merits of the Petition, as the Appeals Board previously explained in their February 9, 2026 Opinion, there are 25 days allowed within which to file a petition for reconsideration from a “final” decision that has been served by mail upon an address in California. (Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1), former 10507(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600, former 10508.) To be timely, however, a petition for reconsideration must be filed (i.e., received) by the Appeals Board within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, §§ 10940(a), former 10845(a); 10615(a), former 10392(a).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to act upon or consider an untimely petition for reconsideration. (Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal. App. 4th 1068, 1076 [65 Cal. Comp. Cases 650, 656]; Rymer v.
The petition was received 147 days after the prior decision was served, thus untimely and not subject to consideration by the Appeals Board.
Official decision · page 2 → - ADJ11722162 · 2026-08-28 · Van Nuys District Office8 CCR § 10605
Determinative passage · p.3Turning now to the merits of the Petition, as expressed in our numerous prior Opinions, there are twenty (20) days allowed within which to file for reconsideration from a “final” decision. (Lab. Code, §§ 5900(a), 5903.) This time limit is extended by five (5) calendar days to allow for service upon an address within California. (Cal. Code Regs., tit. 8, § 10605(a)(1).) It is further extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) To be considered timely, a petition for reconsideration must be filed with (i.e., received by) the Appeals Board within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, §§ 10940(a), 10615(b).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers’ Comp. Appeals Bd. (2000) Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v.
The petition filed on June 26, 2026, was untimely as it was filed more than 20 days after the June 13, 2025 decision, and was also successive and duplicative.
Official decision · page 3 → - ADJ21809965 · 2026-08-03 · Oakland District Office8 CCR § 10605
Determinative passage · p.7Under subdivision (b), it states that: “For purposes of this rule, ‘[the] place of address and the place of mailing’ means the street address or Post Office Box of the party, attorney or other agent of record being served, as reflected in the Official Address Record at the time of service...” (Cal. Code Regs., tit. 8, § 10605, emphasis added.) Applicant argues ten days should be added regardless of whether the out of state party is serving or being served, and cites to Code of Civil Procedure section 1013 which states: Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States...
Controls calculation of time extensions for service in workers' compensation cases, overriding Code of Civil Procedure section 1013.
Official decision · page 7 → - ADJ745798 · 2026-07-20 · Salinas District Office8 CCR § 10605
Determinative passage · p.38, §§ 10940(a), 10615(b).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) In this case, applicant contends she is aggrieved by a decision that was filed on December 26, 2001. However, we are unable to locate any decision that was issued on this date. Even if there was, based on the authority cited above, applicant had until Friday, January 25, 2002, to file a timely petition. Therefore, the Petition filed on May 11, 2026 is untimely and must be dismissed. Accordingly, we dismiss applicant’s Petition for Reconsideration.
The Petition filed on May 11, 2026 was beyond the allowed filing period for a decision allegedly issued on December 26, 2001, thus untimely and dismissed.
Official decision · page 3 → - ADJ20567579 · 2026-05-22 · Anaheim District Office8 CCR § 10605
Determinative passage · p.2I. We first address the timeliness of defendant's petition. There are 25 days allowed within which to file a petition for reconsideration from a "final" decision that has been served by mail upon an address in California. (Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) To be timely, however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, § 10940(a), 10615(b).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers' Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v.
The defendant's petition was initially filed with the wrong case number but was accepted as timely after correction.
Official decision · page 2 → - ADJ2419734 · 2026-05-07 · San Francisco District Office8 CCR § 10605
Determinative passage · p.4This time limit is jurisdictional, and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650, 656]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers' Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008, 1011]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73, 75§ 76].)
The Board found the petition untimely and dismissed it for lack of jurisdiction.
Official decision · page 4 →
Rules beside this one
Article 9. Filing and Service of Documents — regulations rarely stand alone, and the answer is often two sections away.
- § 10602Formal Permanent Disability Rating Determinations. [Renumbered]1 decisions
- § 10603Oversized Exhibits, Diagnostic Imaging, Physical Exhibits, and Exhibits on Media. [Renumbered]
- § 10604Certified Copies. [Repealed]
- § 10606Physicians' Reports as Evidence. [Renumbered]
- § 10606.5Vocational Experts' Reports as Evidence. [Renumbered]
- § 10607Computer Printouts of Benefits Paid. [Repealed]