California Labor Code §5900 — Petition for Reconsideration Grounds

What are the six §5900 California grounds for reconsideration?

The six grounds are: insufficient evidence, newly discovered evidence, fraud, lack of WCAB jurisdiction, admission of improper evidence, and legal error in the decision.

Under California Labor Code §5900, the six statutory California grounds for reconsideration are: (1) the WCAB judge acted without or in excess of his or her powers; (2) the order, decision, or award was procured by fraud; (3) the evidence does not justify the findings of fact; (4) the petitioner has discovered new evidence material to the case that could not, with reasonable diligence, have been produced at the hearing; (5) the findings of fact do not support the order, decision, or award; or (6) the decision was made under a mistake of law. The §5900 California grounds are exclusive, every reconsideration petition must rest on one or more of these six.

What is the §5900 California filing deadline and procedure?

The section 5903 filing deadline runs from service of the decision, twenty days for electronic service and twenty-five days for mail, and cannot be extended absent extraordinary circumstances.

Under California Labor Code §5900 and California Labor Code §5903, the California reconsideration petition must be filed within 25 days of service by mail or 20 days of service electronically of the WCAB judge's final decision. The §5900 California petition is filed with the WCAB and served on all parties; it must identify the six §5900 California grounds relied on, attach a memorandum of points and authorities, and request specific relief. The WCAB receives the §5900 California petition, the WCAB judge prepares a Report and Recommendation, and the WCAB en banc commissioners ultimately decide whether to grant, deny, or modify the underlying decision.

What is the §5900 California "new evidence" ground?

The new-evidence ground requires that the evidence was not available at trial and could not have been discovered with reasonable diligence before the hearing concluded.

Under California Labor Code §5900, the California new-evidence ground for reconsideration applies when the petitioner has discovered evidence material to the case that could not, with reasonable diligence, have been produced at the WCAB hearing. The §5900 California new-evidence rule is narrow, the petitioner must show both that the evidence is genuinely new and that reasonable diligence would not have uncovered it before the hearing. Common §5900 California new-evidence scenarios include subsequent medical findings, newly discovered employment records, and testimony from witnesses whose existence was not known. The §5900 California rule rejects new evidence that was merely overlooked or unprepared.

How does §5900 California interact with §5950 writ review and section 5951 Supreme Court review?

Section 5900 interacts with section 5950 writ of review: if reconsideration is denied, the aggrieved party has forty-five days to petition the Court of Appeal for a writ.

Under California Labor Code §5900 (reconsideration), California Labor Code §5950 (writ of review to the Court of Appeal), and the California Supreme Court rules, the California appellate ladder for WCAB decisions runs: (1) the WCAB judge issues a final decision; (2) the aggrieved party files a §5900 California reconsideration petition within the §5903 California 25-mailed / 20-electronic window; (3) the WCAB en banc rules on reconsideration; (4) the aggrieved party files a California Labor Code §5950 California writ of review to the Court of Appeal within 45 days; (5) the California Supreme Court may then review the Court of Appeal decision on petition. The §5900 California step is the gatekeeper to all higher California review.

Related on yazdchilaw.com: California workers' comp appeal pillar · California Labor Code §5903 (Petition for Reconsideration deadline) · California Labor Code §5950 explained · what to do if you can't go back to work after a workers' comp injury.