Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 18. Reconsideration, Removal and Disqualification
The regulation, as printed
Petitions for reconsideration, petitions for removal and petitions for disqualification shall be referred to the workers' compensation judge from whose decisions or actions relief is sought. If the workers' compensation judge prepares a report, it shall contain: (a) A statement of the contentions raised by the petition; (b) A discussion of the support in the record for the findings of fact and the conclusions of law that serve as a basis for the decision or order as to each contention raised by the petition, or, in the case of a petition for disqualification, a specific response to the allegations and, if appropriate, a discussion of any failure by the petitioner to comply with the procedures set forth in rule 10960; and (c) The action recommended on the petition. The workers' compensation judge shall submit the report to the Appeals Board within 15 days after the petition is filed unless the Appeals Board grants an extension of time. The workers' compensation judge shall serve a copy of the report on the parties and any lien claimant, the validity of whose lien is specifically questioned by the petition, at the time the report is submitted to the Appeals Board. If the workers' compensation judge assigned to the case is unavailable, the presiding workers' compensation judge shall prepare and serve the report.
The statute above this rule
Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.
ImplementsLabor Code § 5900Labor Code § 5906
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5900 and 5906, Labor Code.
1. Renumbering and amendment of former section 10860 to section 10962 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 § 10962, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ21267547 · 2026-06-15 · Van Nuys District Office8 CCR § 10962
Determinative passage · p.2Next, WCAB Rule 10961 (Cal. Code Regs., tit. 8, § 10961) provides that jurisdiction remains with the district office for 15 days after the timely filing of a petition for reconsideration and sets forth three actions that a WCJ may take in response: (a) The WCJ may prepare a report and transfer jurisdiction to the Appeals Board to address the merits of the petition (Cal. Code Regs., tit. 8, § 10961(a); see Cal. Code Regs., tit. 8, § 10962); (b) The WCJ may rescind the entire order, decision or award and initiate proceedings within 30 days (Cal. Code Regs., tit. 8, § 10961(b)); or (c) The WCJ may rescind the order, decision or award and issue an amended order, decision or award, and a new petition for reconsideration must be filed in response to the amended order, decision or award (Cal. Code Regs., tit. 8, § 10961(c)).
The WCJ issued an amended order while the matter was pending before the Appeals Board, which is procedurally improper.
Official decision · page 2 → - ADJ10673950 · 2025-06-05 · Van Nuys District Office8 CCR § 10962
Determinative passage · p.3II FACTS Because the trial judge is no longer available, this report is submitted on his behalf by the presiding judge pursuant to California Code of Regulations, title 8, section 10962(c). This matter originally proceeded to trial on September 19, 2017. The trial judge issued a Findings and Award and Order on November 22, 2027 [sic]. Following the filing of a Petition for Reconsideration, the trial judge issued an Order Rescinding the Findings and Award and set the matter for hearing on the issue of development of the record. After several hearings the matter was again submitted for decision in July 2018 and the trial judge issued an Amended Opinion on Decision on September 21, 2018. A second Petition for Reconsideration was filed on October 19, 2018, and the WCJ issued an Order Rescinding the Amended Findings and Award date 11/2/2018. The trial judge found the record still required further development of the record and appointed Dr. Roth as a regular physician. After issuing a report, Dr. Roth passed away and was unavailable for cross-examination and a replacement regular physician was appointed. Dr.
The presiding judge submitted the report on behalf of the unavailable trial judge pursuant to this regulation.
Official decision · page 3 →
Rules beside this one
Article 18. Reconsideration, Removal and Disqualification — regulations rarely stand alone, and the answer is often two sections away.
- § 10958Hearing and Burden of Proof. [Repealed]
- § 10959Petition Appealing Medical Provider Network Determination of the Administrative Director. [Renumbered]
- § 10960Petition for Disqualification of Workers' Compensation Judge.102 decisions
- § 10961Actions by Workers' Compensation Judge After Petition for Reconsideration is Filed.63 decisions
- § 10964Supplemental Petitions.6 decisions
- § 10966Correction of Errors.1 decisions