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✦ Certified Specialist in Workers’ Compensation Law — Certified by the State Bar of California, Board of Legal Specialization ✦
Serving injured workers across California. Board-certified specialist; no fee unless we win.
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization
In California, Labor Code §5903 sets a 25-day deadline (when the workers' compensation judge's decision is served by mail) or 20 days (electronic service) to file a Petition for Reconsideration with the WCAB. Yazdchi Law, a Certified Specialist in Workers' Compensation Law firm, handles §5903 reconsideration petitions statewide. Request a free case review.
Under California Labor Code §5903, a California injured worker who disagrees with a workers' compensation judge's Findings and Award must file a Petition for Reconsideration with the Workers' Compensation Appeals Board within 25 days of service by mail (or 20 days of electronic service through EAMS). The 25-day clock is the most-missed appellate deadline in California workers' compensation — it is shorter than the appellate deadlines a non-specialist would expect, and missing it forfeits the right to challenge the judge's decision. For the statewide framework, see California workers' comp appeal pillar.
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.
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).
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).
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).
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Tap to call →Last reviewed by Eman Yazdchi, Esq., May 2026.
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