Skeletal Petitions. 8 CCR § 10972

What panels did with this rule

Released decisions that named § 10972, with the passage each turned on. A panel decision persuades; it does not bind.

• ADJ13039423 · 2026-06-01 · Anaheim District Office8 CCR § 10972

  Determinative passage · p.3II. Section 5902 requires that: The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision or award made and filed by the appeals board or a workers' compensation judge to be unjust or unlawful, and every issue to be considered by the appeals board. The petition shall be verified upon oath in the manner required for verified pleadings in courts of record and shall contain a general statement of any evidence or other matters upon which the applicant relies in support thereof.

  The petition filed failed to meet these requirements and was dismissed or denied accordingly.

  Official decision · page 3 →
• ADJ3117080 · 2025-10-27 · Sacramento District Office8 CCR § 10972

  Determinative passage · p.6fails to state any grounds upon which reconsideration is sought or to cite with specificity to the record. Therefore, it is skeletal, and we will dismiss it.

  Applied to dismiss the petition for reconsideration as skeletal and unsupported.

  Official decision · page 6 →
• ADJ17817958 · 2025-10-13 · Van Nuys District Office8 CCR § 10972

  Determinative passage · p.3Petitions for removal are verified under penalty of perjury and they must fairly state all of the material evidence relative to the point or points at issue. (Cal. Code Regs., tit. 8, § 10945(a).) Each contention contained in a petition for removal must be stated separately and clearly set forth. (Ibid.) The petition shall support its evidentiary statements with specific references to the record. (Cal. Code Regs., tit. 8, § 10945(b).) "A petition for reconsideration, removal or disqualification may be denied or dismissed if it is unsupported by specific references to the record and to the principles of law involved." (Cal. Code Regs., tit. 8, § 10972, (emphasis added).) In short, failure to cite the record and failure to fully and accurately set forth the facts and evidence is grounds to deny a petition for removal. (§ 5902; Cal. Code. Regs., tit. 8, § 10972.)

  Defendant's petition failed to accurately cite the record and misrepresented facts, justifying sanctions.

  Official decision · page 3 →
• ADJ3499491 · 2025-08-01 · Oxnard District Office8 CCR § 10972

  Determinative passage · p.5In addition, WCAB Rule 10972 (Cal. Code Regs., tit. 8, § 10972) provides that "[a] petition for reconsideration, removal or disqualification may be denied or dismissed if it is unsupported by specific references to the record and to the principles of law involved." Here, lien claimant's petition offers unspecified allegations without reference to the evidentiary record. The petition offers no substantive discussion of the bill of particulars or the testimony of the sole witness at trial, as expressly relied upon by the WCJ in determining reasonable attorney's fees. Accordingly, lien claimant's petition is skeletal insofar as it fails to describe valid grounds challenging the F&O and fails to make specific reference to the record.

  The petition was skeletal and failed to make specific references to the record.

  Official decision · page 5 →
• ADJ15734313 · 2024-10-28 · Van Nuys District Office8 CCR § 10972

  Determinative passage · p.4relative to the point or points at issue [and] [e]ach contention contained in a petition for reconsideration... shall be separately stated and clearly set forth" (Cal. Code Regs., tit. 8, § 10945 and (2) that "a petition for reconsideration... may be denied or dismissed if it is unsupported by specific references to the record and to the principles of law involved." (Cal. Code Regs., tit. 8, § 10972.)

  The defendant's petition lacked specific citations to evidence and was unsupported.

  Official decision · page 4 →
• ADJ11722162 · 2024-07-01 · Van Nuys District Office8 CCR § 10972

  Determinative passage · p.2Absent inclusion of the above information, "a petition for reconsideration... may be denied or dismissed if it is unsupported by specific references to the record and to the principles of law involved." (Cal. Code Regs., tit. 8, § 10972.) In accordance with section 5902 and WCAB Rules 10945 and 10972, the Appeals Board may dismiss or deny a petition for reconsideration if it is skeletal (e.g., Cal. Indemnity Ins. Co. v. Workers' Comp. Appeals Bd. (2004) 69 Cal.Comp.Cases 104 (writ den.); Hall v. Workers' Comp. Appeals Bd. (1984) 49 Cal.Comp.Cases 253 (writ den.); Green v. Workers' Comp. Appeals Bd. (1980) 45 Cal.Comp.Cases 564 (writ den.)); if it fails to fairly state all of the material evidence, including that not favorable to it (e.g., Addecco Employment Services v. Workers' Comp. Appeals Bd. (2005) 70 Cal.Comp.Cases 1331 (writ den.); City of Torrance v. Workers' Comp. Appeals Bd. (Moore) (2002) 67 Cal.Comp.Cases 948 (writ den.); or if it fails to specifically discuss the particular portion(s) of the record that support the petitioner's contentions (e.g., Moore, supra, 67 Cal.Comp.Cases at p. 948; Shelton v. Workers' Comp. Appeals Bd. (1995) 60 Cal.Comp.Cases 70 (writ den.).)

  Petition dismissed for failure to meet these filing requirements

  Official decision · page 2 →
• ADJ9547761 · 2024-05-06 · Oakland District Office8 CCR § 10972

  Determinative passage · p.4in courts of record and shall contain a general statement of any evidence or other matters upon which the applicant relies in support thereof. (Lab. Code, § 5902.) Moreover, the Appeals Board Rules provide in relevant part: (1) that "[e]very petition for reconsideration... shall fairly state all the material evidence relative to the point or points at issue [and] [e]ach contention contained in a petition for reconsideration... shall be separately stated and clearly set forth" (Cal. Code Regs., tit. 8, § 10945 and (2) that "a petition for reconsideration... may be denied or dismissed if it is unsupported by specific references to the record and to the principles of law involved." (Cal. Code Regs., tit. 8, § 10972. In accordance with section 5902 and WCAB Rules 10945 and 10972, the Appeals Board may dismiss or deny a petition for reconsideration if it is skeletal (e.g., Cal. Indemnity Ins. Co. v. Workers' Comp. Appeals Bd. (Tardiff) (2004) 69 Cal.Comp.Cases 104 (writ den.); Hall v. Workers' Comp. Appeals Bd. (1984) 49 Cal.Comp.Cases 253 (writ den.); Green v. Workers' Comp. Appeals Bd.

  Petition was dismissed for failing to meet these requirements.

  Official decision · page 4 →
• ADJ11292929 · 2024-03-18 · Sacramento District Office8 CCR § 10972

  Determinative passage · p.2The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision or award made and filed by the appeals board or a workers' compensation judge to be unjust or unlawful, and every issue to be considered by the appeals board. The petition shall be verified upon oath in the manner required for verified pleadings in courts of record and shall contain a general statement of any evidence or other matters upon which the applicant relies in support thereof. (emphasis added) (Lab. Code, § 5902.)

  The petition failed to state grounds with specificity or attach newly discovered evidence as required.

  Official decision · page 2 →