WCAB: petition for reconsideration of final order, decision or award (20 days after service)

20 days after service of the final order, decision, or award of the wcj or appeals board, under Lab. Code 5903; 8 CCR 10605, 10940.

Rule text

Lab. Code 5903: "At any time within 20 days after the service of any final order, decision, or award made and filed by the appeals board or a workers’ compensation judge granting or denying compensation, or arising out of or incidental thereto, any person aggrieved thereby may petition for reconsideration upon one or more of the following grounds and no other:"

Lab. Code 5903; 8 CCR 10605, 10940, official source

Calculate this deadline

Deadline
Monday, November 30, 2026
  1. Trigger (Service of the final order, decision, or award of the WCJ or appeals board): Friday, November 6, 2026.
  2. Exclude the trigger day and count 20 calendar days: Thursday, November 26, 2026.
  3. That day is a Thanksgiving Day, so the deadline moves to the next court day: Monday, November 30, 2026 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Rules applied
Lab. Code 5903; 8 CCR 10605, 10940
Lab. Code 5903: "At any time within 20 days after the service of any final order, decision, or award made and filed by the appeals board or a workers’ compensation judge granting or denying compensation, or arising out of or incidental thereto, any person aggrieved thereby may petition for reconsideration upon one or more of the following grounds and no other:"
Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."
Official source
  • Jurisdictional. Must be verified and include a proof of service (8 CCR 10940(c)); 25-page limit (10940(d)). WCAB decisions are usually served by mail, so the 10605 extension usually applies; if the WCJ rescinds and issues an amended decision, the 20 days run anew from the filing date of the amended decision (8 CCR 10961(c)). Filing that falls on a weekend or WCAB closure day rolls to next business day (10600(b)). Interaction of 10605 with a jurisdictional statutory period is settled WCAB practice but is a regulation, not statute; LAWYER REVIEW.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Service of the final order, decision, or award of the WCJ or appeals board on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.

  1. Trigger (Service of the final order, decision, or award of the WCJ or appeals board): Monday, March 15, 2027.
  2. Exclude the trigger day and count 20 calendar days: Sunday, April 4, 2027.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, April 5, 2027 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).

Notes

Jurisdictional. Must be verified and include a proof of service (8 CCR 10940(c)); 25-page limit (10940(d)). WCAB decisions are usually served by mail, so the 10605 extension usually applies; if the WCJ rescinds and issues an amended decision, the 20 days run anew from the filing date of the amended decision (8 CCR 10961(c)). Filing that falls on a weekend or WCAB closure day rolls to next business day (10600(b)). Interaction of 10605 with a jurisdictional statutory period is settled WCAB practice but is a regulation, not statute; LAWYER REVIEW.

Related deadlines

All California agencies deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.