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By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization
In California, Labor Code section 5951 and the California Rules of Court govern California Supreme Court review of Court of Appeal decisions on writ of review of WCAB rulings. The California Supreme Court hears such cases only on discretionary petition for review — granted in a small minority of WCAB cases.
California Labor Code section 5951 and the California Rules of Court establish the framework for California Supreme Court review of WCAB rulings. Under section 5951, the California Supreme Court does not hear WCAB cases as of right — the Court of Appeal's decision on a California Labor Code §5950 writ of review is final unless the California Supreme Court grants a petition for review. The section 5951 California rule places WCAB cases at the top of the appellate ladder, where the California Supreme Court reviews only the small fraction that present important questions of law, conflicts among the Courts of Appeal, or unsettled comp doctrine.
Under California Labor Code section 5951 and the California Rules of Court, an aggrieved party files a Petition for Review with the California Supreme Court within 10 days of the Court of Appeal's decision (subject to extension rules). The section 5951 California petition must identify the important question of law presented, explain why review is warranted, and address any conflicts among California Courts of Appeal. The California Supreme Court grants or denies the petition in its discretion; review is granted in a small minority of WCAB cases. The section 5951 California process is the rare doorway to California Supreme Court review of comp matters.
Under California Labor Code section 5951, the California Supreme Court takes WCAB cases when one of several criteria is met: the case presents an important question of law not yet settled; the Court of Appeal decision conflicts with another California Court of Appeal decision; the case implicates significant statutory interpretation under the California comp statute; or the case has broad impact on California workers, California employers, or the California comp system. The section 5951 California discretionary review applies to cases such as California Labor Code §3208.3 stress-claim doctrine, California Labor Code §4660 rating disputes, and California Labor Code §4663 apportionment-doctrine cases.
Under California Labor Code §5950 (writ of review to the Court of Appeal) and California Labor Code section 5951 (California Supreme Court review), the California comp appellate ladder runs: (1) WCAB judge issues a final decision; (2) California Labor Code §5900 California reconsideration petition to the WCAB en banc within the California Labor Code §5903 California 25-mailed / 20-electronic window; (3) California Labor Code §5950 California writ of review to the Court of Appeal within 45 days of the WCAB final decision; (4) Court of Appeal grants or denies the writ and decides on the merits if granted; (5) California Supreme Court reviews under section 5951 on discretionary petition for review. The section 5951 California step is the apex of California comp appellate review.
Under California Labor Code section 5951, "final" review means the California Supreme Court is the last California court to consider the matter — the section 5951 California ruling cannot be further reviewed except by federal courts on the narrow grounds of federal constitutional review. The section 5951 California outcome can affirm the Court of Appeal, reverse and remand, depublish the Court of Appeal opinion, or grant review and produce a California Supreme Court opinion that becomes binding California precedent. The section 5951 California decisions on comp matters are precedential across the entire California comp system going forward.
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Tap to call →Last reviewed by Eman Yazdchi, Esq., May 2026.
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