What Is California Labor Code §5313: Findings and Award After Trial?

The appeals board or the workers' compensation judge shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together with the findings, decision, order or award there shall be served upon all the parties to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made.

What is California Labor Code section 5313?

Section 5313 sets the judge's deadline and the parts a decision must contain after a workers' compensation trial.

Most California workers' compensation claims settle before trial. Some do not. When a case goes to trial, a workers' compensation judge, or WCJ, hears the evidence and decides the disputed issues. This section controls what the WCJ must do next. The Workers' Compensation Appeals Board, or WCAB, is the seven-member body that oversees these judges and hears petitions for reconsideration.

This rule applies to any party in a workers' compensation trial, including an injured worker and the employer or insurer on the other side. It covers disputes about injury, the body parts affected, disability, medical care, or death benefits. It does not apply to a claim that ends in a settlement instead of a trial.

What must a judge's decision include after trial?

Three parts: written findings, an award or order, and an explanation of the evidence and reasoning.

Labor Code 5313 names three parts for a WCJ's decision after trial. First, findings on the facts the parties disputed. Second, an award, order, or decision stating each party's rights. Third, a summary of the evidence the WCJ relied on and the reasons for the ruling. In practice, this third part is usually its own document, called the Opinion on Decision.

The table below breaks down what each part covers.

A published Workers' Compensation Appeals Board decision involving the Los Angeles Police Department shows why the third part matters. The WCJ's written findings skipped several issues the parties had actually raised at trial. On reconsideration, the Board cited the statute and explained that statements in an Opinion on Decision are not findings of fact. Their job is to explain the basis for the ruling. Because the decision did not address every disputed issue, the Board rescinded it and returned the case to the WCJ for further proceedings.

How soon after trial must the WCJ decide?

30 days from submission, not from the hearing date or the day the case was filed.

The 30-day clock starts at submission, not at the hearing itself. A case is usually submitted once the trial record closes. That often happens right after the last day of testimony, or later if the WCJ allows written closing arguments first.

Once the WCJ decides, the Findings and Award, sometimes shortened to F&A, and the Opinion on Decision must be served on every party. In one published decision from the Lodi district office, the WCJ's ruling and Opinion on Decision were served on all parties the same day, with proof of service attached to the file. That service date matters. It can start other deadlines, including the time to ask for reconsideration.

What happens if the WCJ's decision falls short?

The WCAB can send the case back to the judge when the written decision does not meet the standard.

This section is not just a formality. The Los Angeles Police Department case described above shows what can happen when a decision falls short of it. The Board found that the WCJ's findings left out issues the parties had raised at trial, and it rescinded the F&A rather than letting it stand.

That outcome is specific to that case. Every trial record is different, and the WCAB reviews each petition for reconsideration on its own facts and its own issues.

How does this rule connect to other steps in a workers' comp case?

It sits between the trial and two later steps: asking for reconsideration, or asking to reopen the case.

Before a case reaches trial, most workers weigh whether to settle or ask a judge to decide. Our guide on choosing between settlement and trial walks through that decision.

Once a WCJ issues an F&A, a party who disagrees cannot simply appeal to a regular court. The next step is a petition for reconsideration filed with the WCAB. Our cards on the grounds for reconsideration under Labor Code 5900 and the Labor Code 5903 filing deadline explain how that works.

An F&A can also set a permanent disability rating, covered in our Labor Code 4660 guide. If a worker's condition later changes, Labor Code 5410 may allow the case to be reopened within a set window.

What should you do after you receive a Findings and Award?

Save the decision and its proof of service, and track every deadline tied to that service date.

Keep the Findings and Award, the Opinion on Decision, and the proof of service together. Read the findings and check whether the WCJ addressed every issue raised at trial.

If something seems missing or unclear, ask a workers' compensation attorney, or a local Information and Assistance officer, before a deadline passes. An F&A is a legal document with real consequences, and a quick second opinion keeps your options open.

If you are heading to trial, or you just received an F&A in a California workers' compensation case, Yazdchi Law P.C. can review the decision and explain what it means for your claim. Call (661) 273-1780 or use our contact form to set up a free initial review. The firm reviews each case's own facts before deciding whether to take it on.