What Is California Labor Code §5903 — the 25-Day Reconsideration Deadline?

How is the §5903 deadline calculated when the decision is served by mail?

When the WCAB decision arrives by mail, five extra days are added, making the actual filing deadline twenty-five days from the service date.

Under California Labor Code §5903, the deadline is 20 statutory days plus 5 additional days for mailing under 8 CCR §10605, for a total of 25 days from the date the workers' compensation judge's decision is served by mail. The clock starts on the proof-of-service date stamped on the decision, not the date the worker receives the document. A petition filed on day 26 is untimely and the WCAB will dismiss it. Related coverage: California workers' comp claim-denied playbook.

How is the §5903 deadline calculated for electronic service?

When the decision is served through EAMS electronically, the worker has exactly twenty days from the service date to file the Petition.

When a California workers' compensation judge's decision is served electronically through EAMS, the §5903 deadline is 20 days, the 5-day mail extension does not apply. Electronic service is increasingly the default at the WCAB. A worker who learns of an adverse decision through the EAMS portal is operating on the shorter 20-day clock. Related coverage: California Labor Code §5814 (penalty for late payment of benefits).

What are the six grounds for reconsideration under §5903?

Reconsideration can be sought on six grounds: lack of evidence, newly discovered evidence, fraud, lack of subject-matter jurisdiction, evidentiary error, or legal error.

California Labor Code §5903 lists six grounds: (1) the WCAB acted without or in excess of its 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 which could not, with reasonable diligence, have been discovered and produced at the hearing; (5) the findings of fact do not support the order, decision, or award; or (6) the case involves a substantial question of law. A petition that fails to identify at least one ground is dismissed. Lea esta página en español: el plazo de 25 días del §5903 (versión en español).

What happens after the §5903 petition is filed?

Once filed, the WCAB has sixty days to grant or deny reconsideration, silence means the petition was denied by operation of law.

The Workers' Compensation Appeals Board has 60 days from the filing of the §5903 petition to act on it. If the WCAB takes no action within 60 days, the petition is deemed denied by operation of law. If the WCAB grants reconsideration, it may affirm, rescind, alter, or amend the underlying decision. A denial of reconsideration can then be reviewed by the California Court of Appeal via Writ of Review under California Labor Code §5950, which must be filed within 45 days of the denial. Statute deep-dive: California Labor Code §132a (workers' comp retaliation remedies).