Writ of review of WCAB decision (45 days after petition for reconsideration is denied)
45 days after date the petition for reconsideration was denied (order filed, or deemed denial under lab. code 5909), under Lab. Code 5950.
Rule text
The application for writ of review must be made within 45 days after a petition for reconsideration is denied, or, if a petition is granted or reconsideration is had on the appeal board’s own motion, within 45 days after the filing of the order, decision, or award following reconsideration.
Calculate this deadline
- Trigger (Date the petition for reconsideration was denied (order filed, or deemed denial under Lab. Code 5909)): Friday, November 6, 2026.
- Exclude the trigger day and count 45 calendar days: Monday, December 21, 2026.
Lab. Code 5950
The application for writ of review must be made within 45 days after a petition for reconsideration is denied, or, if a petition is granted or reconsideration is had on the appeal board’s own motion, within 45 days after the filing of the order, decision, or award following reconsideration.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
- Filed in the Court of Appeal or Supreme Court; court (CCP 135) holidays govern the last-day roll, not the agency list. Runs from denial / filing, not service; whether CCP 1013 adds mail days is not stated in 5950; no extension modeled (conservative). Jurisdictional. See Cal. Rules of Court 8.495 for procedure (not fetched).
- 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
Date the petition for reconsideration was denied (order filed, or deemed denial under Lab. Code 5909) on Monday, March 15, 2027, personal service: due Thursday, April 29, 2027.
- Trigger (Date the petition for reconsideration was denied (order filed, or deemed denial under Lab. Code 5909)): Monday, March 15, 2027.
- Exclude the trigger day and count 45 calendar days: Thursday, April 29, 2027.
Notes
Filed in the Court of Appeal or Supreme Court; court (CCP 135) holidays govern the last-day roll, not the agency list. Runs from denial / filing, not service; whether CCP 1013 adds mail days is not stated in 5950; no extension modeled (conservative). Jurisdictional. See Cal. Rules of Court 8.495 for procedure (not fetched).
Related deadlines
- Writ of review of WCAB decision after reconsideration (45 days after filing of decision) (45 days after)
- APA: petition for writ of mandate (30 days after last day reconsideration can be ordered) (30 days after)
- APA: request record to extend writ deadline (10 days after last day reconsideration can be ordered) (10 days after)
- APA: petition for writ of mandate after timely record request (30 days after record delivered) (30 days after)
- CUIAB: petition for judicial review of Appeals Board decision (6 months after date of decision) (6 months after)
- SPB: petition for writ challenging Board decision (6 months after date of final decision) (6 months after)
- PERB: request that Board join in seeking judicial review of representation decision (20 days after service) (20 days after)
- Cal/OSHA Appeals Board: petition for writ of mandate in superior court after petition for reconsideration is denied (30 days) (30 days after)
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.