What Is California Labor Code §5909: Deemed Denied Reconsideration?

A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date a trial judge transmits a case to the appeals board.

What Is Labor Code 5909?

Labor Code 5909 means the board's silence does not leave a reconsideration request open forever. After 60 days with no action, the law treats it as denied.

This rule applies once a workers' compensation judge has already issued a final decision and a party has filed a petition asking the board to reconsider it. The 60 day count does not run from the date the petition is filed. It runs from the date the trial judge sends, or transmits, the case file to the board. A 2026 law (SB 171) kept this 60 day rule in place, effective July 13, 2026.

This rule applies to any party in a California workers' comp case: an injured worker, an employer, an insurer, or a lien claimant who has filed one.

How does the 60 day clock work in a real case?

The clock starts when the trial judge sends the case file to the board, not on the day a party first files the petition.

Labor Code 5909, subdivision (b), requires the trial judge to notify both the parties and the board when the case is transmitted. The same subdivision says that serving the judge's report on the petition, required under Labor Code 5900, counts as that notice. In practice, the date on that report and proof of service is the date to track.

What happens once a petition is deemed denied?

A deemed denial is treated the same as an actual ruling on the petition, so the next step is the same either way.

Once 60 days pass with no order from the board, the petition stands denied by operation of law. A party who disagrees can then ask the Court of Appeal for a writ of review under Labor Code 5950, which carries its own 45 day deadline. That deadline runs from the deemed denial the same way it would run from an actual written denial.

How does Labor Code 5909 connect to the board's own decision rules?

A related section, Labor Code 5908.5, sets rules for what the board's decision has to look like when the board does act.

Labor Code 5908.5 says a decision granting or denying reconsideration, or changing the original decision after reconsideration, must come from the board itself, not from a single workers' compensation judge. It must be in writing, signed by a majority of the board members assigned to the case, and it must state the evidence relied on and the reasons for the decision. That section also says it does not expand the scope of court review beyond what the law already allows. Together, Labor Code 5908.5 and Labor Code 5909 cover both sides of the same question: what the board must do when it acts, and what happens when it does not.

How does this fit into the reconsideration process overall?

Section 5909 is a backstop. Other sections open the door to reconsideration and set the worker's own filing deadline.

Labor Code 5900 lets a person harmed by a final decision ask for reconsideration in the first place. Labor Code 5903 gives the deadline and the allowed grounds for filing that petition. Labor Code 5300 explains why these disputes belong before the board in the first place. Our guide to the Workers' Compensation Appeals Board covers how the board and its district offices fit together.

What should I save or ask about while a petition is pending?

Keep the proof of when the case was transmitted to the board, since that date runs the clock.

Save the judge's report on the petition, the proof of service showing when it was sent, and the original petition for reconsideration. If 60 days pass without an order, ask your attorney or the board to confirm the transmittal date before assuming the petition is still open.

If you filed one and are not sure where it stands, a short call can help confirm the transmittal date and what deadline applies next. Call (661) 273-1780 or use the contact form for a free consultation. For the bigger picture of how a claim reaches this stage, see our guide to the California workers' comp claim process. The firm reviews each matter individually and does not take every case.