Time is NOT on Your Side: Your Quick Guide to WCAB Appeals

If you are handling California workers’ compensation claims, keeping track of Workers’ Compensation Appeals Board (WCAB) and appellate deadlines is critical. Missing an appeal deadline can have serious consequences for your case. Here is what you need to know about the most important timeframes.

Petition for Reconsideration – 20 Days

(Labor Code §§ 5900, 5903)

When you receive a final decision from a workers’ compensation judge that you want to challenge, you have 20 days from service to file a Petition for Reconsideration. This is the most common type of appeal you will encounter.

Important points to remember:

• The clock starts running from the date the decision was served, not when you received it
• If you received the decision by mail within California, you get an extra 5 calendar days
• If received by mail from outside California (but within the U.S.), you get an extra 10 days
• If the deadline falls on a weekend or holiday, it moves to the next business day

Petition for Removal – 20 Days

(Cal. Code Regs., tit. 8, § 10955)

For challenging non-final decisions (like orders about discovery or interim benefits), you need to file a Petition for Removal within 20 days. This type of appeal is less common but important to know about.

The same mail service extensions apply:

• Add 5 days for mail service within California
• Add 10 days for mail service outside California
• No extra time if served electronically

Responding to Appeals

(Labor Code § 5905; Cal. Code Regs., tit. 8, §§ 10955, 390)

Different deadlines apply depending on the type of petition:

For Petitions for Reconsideration:

• You have 10 days to file an answer after being served with the petition (Labor Code § 5905)
• This shorter timeline reflects the urgency of reconsideration matters

For Petitions for Removal:

• You have 10 days to file an answer after being served with the petition (Cal. Code Regs., tit. 8, § 10955(c))

For Other Petitions:

• You have 30 days from the date of service to file your answer (Cal. Code Regs., tit. 8, § 390)
• If the final day falls on a weekend or holiday, you have until the next business day

Important requirements for all answers:

• Must serve a copy on all adverse parties according to service rules
• Cannot file a supplemental answer unless the WCAB specifically orders it
• This is your opportunity to defend the favorable decision you received

Appeals to the Court of Appeal – 45 Days

(Labor Code § 5950)

If you want to challenge a final decision of the WCAB, you must file a Petition for Writ of Review with the appropriate Court of Appeal within 45 days from the filing of the:

• WCAB’s decision denying reconsideration, or
• WCAB’s decision following reconsideration

Important points about Court of Appeal writs:

• The 45-day deadline is jurisdictional – if you miss it, you lose your right to appeal
• Start counting from the WCAB’s filing date, not the date you received the decision
• Filing requirements vary by District Court of Appeal
• Unlike WCAB petitions, there are no extensions for service by mail

Quick Tips for Managing Appeals

1. Mark your calendar as soon as you receive a decision:
   • Count the days carefully, including any mail extensions
   • Set an internal deadline a few days early to be safe
   • Consider holidays and weekends
2. Communicate promptly with your defense attorney:
   • Forward decisions immediately when received
   • Discuss appeal strategy early
   • Keep good records of when you received documents
3. Common pitfalls to avoid:
   • Do not assume weekends extend the deadline
   • Do not wait until the last day to act
   • Do not forget to check if it was served by mail or electronically

What You Need for Appeals

(Labor Code § 5904)

Make sure you provide your attorney with:

• A copy of the decision being appealed
• The envelope showing the postmark (if received by mail)
• Any new evidence that supports your position
• Clear authorization to proceed with the appeal

Remember that these timeframes reflect current Labor Code sections and regulations. Always verify current requirements with your defense attorney, the WCAB, or the Court of Appeal directly, as requirements can change.

This guide was prepared by the workers’ compensation defense attorneys at Yrulegui & Roberts. Our firm has decades of experience helping claims professionals navigate the complexities of California workers’ compensation law. If you need assistance with appeals or have questions about WCAB procedures, please visit our website at www.rjylaw.com or contact our office. While this guide provides general information about appeals timeframes, specific situations may require individualized analysis by qualified counsel.