California Labor Code § 5908

How panels applied this section

Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.

• ADJ3301560 · 2025-11-14 · Pomona District Office§ 5908

  Determinative passage · p.2Labor Code section 5908 states that the appeals board "shall not be bound by the common law or statutory rules of evidence and procedure, but may make inquiry in the manner, through oral testimony and records, which is best calculated to ascertain the substantial rights of the parties and carry out justly the spirit and provisions of this division." The right to present evidence implicates the right to due process. (Hegglin v. Workmen's Comp. Appeals Bd. (1971) 4 Cal.3d 162, 175 [36 Cal.Comp.Cases 93, 102]; Pence v. Industrial Acci. Com. (1965) 63 Cal.2d 48, 51 [30 Cal.Comp.Cases 207, 209].)

  The Board considered due process principles in evaluating the petition for removal.

  Official decision · page 2 →
• ADJ14138672 · 2025-08-05 · Marina del Rey District Office§ 5908

  Determinative passage · p.6IV. In addition, under our broad grant of authority, our jurisdiction over this matter is continuing. A grant of reconsideration has the effect of causing "the whole subject matter [to be] reopened for further consideration and determination" (Great Western Power Co. v. Industrial Acc. Com. (Savercool) (1923) 191 Cal.724, 729 [10 I.A.C. 322]) and of "[throwing] the entire record open for review." (State Comp. Ins. Fund v. Industrial Acc. Com. (George) (1954) 125 Cal.App.2d 201, 203 [19 Cal.Comp.Cases 98].) Thus, once reconsideration has been granted, the Appeals Board has the full power to make new and different findings on issues presented for

  Grant of reconsideration reopens the entire record for further consideration and determination.

  Official decision · page 6 →
• ADJ15621172 · 2025-02-04 · Riverside District Office§ 5908

  Determinative passage · p.4Initially, we note that following the grant of reconsideration, the Appeals Board has the authority to make new and different findings on issues presented for determination at the trial level, even with respect to issues not raised in the petition for reconsideration before it. As we observed in Pasquotto v. Hayward Lumber (2006) 71 Cal.Comp.Cases 223, fn. 7 [2006 Cal. Wrk. Comp. LEXIS 35, 51§ 17] (Appeals Board en banc), section 5906 provides that "[u]pon the filing of a petition for reconsideration... the appeals board may, with or without further proceedings and with or without notice affirm, rescind, alter, or amend the order, decision, or award made and filed by the appeals board or the workers' compensation judge...." (Lab. Code, § 5906.) Similarly, section 5908 provides that "[a]fter... a consideration of all the facts the appeals board may affirm, rescind, alter, or amend the original order, decision, or award." (Lab.

  The Board reopened the entire record for review and reconsidered the issues including those not raised in the petition.

  Official decision · page 4 →
• ADJ16197947 · 2025-01-07 · Sacramento District Office§ 5908

  Determinative passage · p.3Only the Appeals Board is statutorily authorized to issue a decision on a petition for reconsideration. (Lab. Code, § 112, 115, 5301, 5901, 5908.5, 5950; see Cal. Code Regs., tit. 8, § 10320, 10330.) The Appeals Board must conduct de novo review as to the merits of the petition and review the entire proceedings in the case. (Lab. Code, § 5906, 5908; see Lab. Code, § 5301, 5315, 5701, 5911.) Once a final decision by the Appeals Board on the merits of the petition issues,

  The Appeals Board reviewed the petition, answer, and report, and decided to grant reconsideration and remand for further proceedings.

  Official decision · page 3 →
• ADJ12473910 · 2024-11-04 · Van Nuys District Office§ 5908

  Determinative passage · p.8A grant of reconsideration has the effect of causing "the whole subject matter [to be] reopened for further consideration and determination" (Great Western Power Co. v. Industrial Acc. Com. (Savercool) (1923) 191 Cal. 724, 729 [10 I.A.C. 322]) and of "[throwing] the entire record open for review." (State Comp. Ins. Fund v. Industrial Acc. Com. (George) (1954) 125 Cal.App.2d 201, 203 [19 Cal.Comp.Cases 98].) Thus, once reconsideration has been granted, the Appeals Board has the full power to make new and different findings on issues presented for determination at the trial level, even with respect to issues not raised in the petition for reconsideration before it. (See Lab. Code, § 5907, 5908, 5908.5; see also Gonzales v. Industrial Acci. Com. (1958) 50 Cal. 2d 360, 364.) ["[t]here is no provision in chapter 7, dealing with proceedings for reconsideration and judicial review, limiting the time within which the commission may make its decision on reconsideration, and in the absence of a statutory authority limitation none will be implied."]; see generally Lab. Code, § 5803 ["The WCAB has continuing jurisdiction over its orders, decisions, and awards.... At any time, upon notice and after an opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor.].)

  The Appeals Board has continuing jurisdiction and may reopen the case for further consideration and determination on reconsideration.

  Official decision · page 8 →
• ADJ7966725 · 2024-08-22 · Van Nuys District Office§ 5908

  Determinative passage · p.6For the foregoing reasons, IT IS ORDERED that PCI's Petition for Reconsideration of the Findings, Award, and Order issued on May 30, 2024 by a workers' compensation administrative law judge is GRANTED.

  The Appeals Board exercised its authority to grant reconsideration and defer final decision pending further review.

  Official decision · page 6 →
• ADJ18538112 · 2024-08-06 · Los Angeles District Office§ 5908

  Determinative passage · p.5A grant of reconsideration has the effect of causing "the whole subject matter [to be] reopened for further consideration and determination" (Great Western Power Co. v. Industrial Acc. Com. (Savercool) (1923) 191 Cal.724, 729 [10 I.A.C. 322]) and of "[throwing] the entire record open for review." (State Comp. Ins. Fund v. Industrial Acc. Com. (George) (1954) 125 Cal.App.2d 201, 203 [19 Cal.Comp.Cases 98].) Thus, once reconsideration has been granted, the Appeals Board has the full power to make new and different findings on issues presented for determination at the trial level, even with respect to issues not raised in the petition for reconsideration before it. (See Lab. Code, § 5907, 5908, 5908.5; see also Gonzales v. Industrial Acci. Com. (1958) 50 Cal.2d 360, 364.) ["[t]here is no provision in chapter 7, dealing with proceedings for reconsideration and judicial review, limiting the time within which the commission may make its decision on reconsideration, and in the absence of a statutory authority limitation none will be implied."]; see generally Lab. Code, § 5803 ["The WCAB has continuing jurisdiction over its orders, decisions, and awards.... At any time, upon notice and after an opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor.].)

  Applied to justify granting reconsideration and deferring final decision.

  Official decision · page 5 →
• ADJ7093760 · 2024-07-23 · Marina Del Rey District Office§ 5908

  Determinative passage · p.2I. We highlight the following legal principles that may be relevant to our review of this matter: It is well established that decisions by the Appeals Board must be supported by substantial evidence. (Lab. Code, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627 [35 Cal.Comp.Cases 16].) "The term `substantial evidence' means evidence which, if true, has probative force on the issues. It is more than a mere scintilla, and means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion...It must be reasonable in nature, credible, and of solid value." (Braewood Convalescent Hospital v. Workers' Comp. Appeals Bd. (Bolton) (1983) 34 Cal.3d 159, 164 [48 Cal.Comp.Cases 566], emphasis removed and citations omitted.) Further, decisions of the Appeals Board "must be based on admitted evidence in the record." (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).) An adequate and complete record is necessary to understand the basis for the WCJ's decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit.

  The Appeals Board reviewed the record and legal principles to ensure substantial justice and proper procedural handling of the Petition for Reconsideration.

  Official decision · page 2 →