California Labor Code § 5909

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.

• ADJ292246 · 2026-07-01 · San Francisco District Office§ 5909

  Determinative passage · p.2Under section 5909(a), the Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board. Transmission is reflected in Events in the Electronic Adjudication Management System (EAMS). Specifically, in Case Events, under Event Description is the phrase "Sent to Recon" and under Additional Information is the phrase "The case is sent to the Recon board."

  The petition was dismissed as untimely because the Appeals Board did not act within 60 days of transmission.

  Official decision · page 2 →
• ADJ19018827 · 2026-06-30 · Anaheim District Office§ 5909

  Determinative passage · p.3Preliminarily, former Labor section 59091 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:

  The case was transmitted to the Appeals Board on May 1, 2026, and the decision was issued on June 30, 2026, within the 60-day period.

  Official decision · page 3 →
• ADJ21537607 · 2026-06-29 · Sacramento District Office§ 5909

  Determinative passage · p.10In the absence of a record, we are unable to evaluate petitioner's contentions. Consequently, we dismiss the Petition for Reconsideration as premature and return the matter to the WCJ for further proceedings consistent with this opinion. We direct the parties and the WCJ to the en banc decision in Gaines for guidance with respect to approval of C&Rs that both WCJs and parties must follow. Upon return of this matter to the trial level, the WCJ may treat the Petition as a petition to set aside the OACR, conduct further proceedings, and create a record as to whether there are grounds for setting aside the OACR. After the WCJ issues a decision, any aggrieved party may timely seek reconsideration.

  The petition was dismissed as premature because the WCJ had not acted within the required time frame and the matter was returned to the trial level for further proceedings.

  Official decision · page 10 →
• ADJ19328573 · 2026-06-26 · Sacramento District Office§ 5909

  Determinative passage · p.2(a) 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.

  Applied to determine timeliness of petition for reconsideration.

  Official decision · page 2 →
• ADJ21459493 · 2026-06-25 · Bakersfield District Office§ 5909

  Determinative passage · p.1Former section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:

  The Appeals Board acted timely on the Petition for Reconsideration filed by County of Kern within the 60-day period.

  Official decision · page 1 →
• ADJ15211632 · 2026-06-25 · San Diego District Office§ 5909

  Determinative passage · p.2Former section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:

  The Board found the Petition for Reconsideration was timely served and acted upon within the statutory period.

  Official decision · page 2 →
• ADJ17517591 · 2026-06-23 · Oakland District Office§ 5909

  Determinative passage · p.2Here, according to Events, the case was transmitted to the Appeals Board on April 24, 2026 and 60 days from the date of transmission is June 23, 2026. This decision is issued by or on June 23, 2026, so we have timely acted on the petition as required by Labor Code section 5909(a).

  The Board acted timely on the petitions within the 60-day period starting from April 24, 2026 transmission date.

  Official decision · page 2 →
• ADJ12027044 · 2026-06-22 · Oakland District Office§ 5909

  Determinative passage · p.3Former section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:

  The petition was not timely acted upon within 60 days as required by Labor Code Section 5909.

  Official decision · page 3 →