5900. (a) Any person aggrieved directly or indirectly by any final
order, decision, or award made and filed by the appeals board or a
workers' compensation judge under any provision contained in this
division, may petition the appeals board for reconsideration in
respect to any matters determined or covered by the final order,
decision, or award, and specified in the petition for
reconsideration. The petition shall be made only within the time and
in the manner specified in this chapter.
(b) At any time within 60 days after the filing of an order,
decision, or award made by a workers' compensation judge and the
accompanying report, the appeals board may, on its own motion, grant
reconsideration.
5901. No cause of action arising out of any final order, decision
or award made and filed by the appeals board or a workers'
compensation judge shall accrue in any court to any person until and
unless the appeals board on its own motion sets aside the final
order, decision, or award and removes the proceeding to itself or if
the person files a petition for reconsideration, and the
reconsideration is granted or denied. Nothing herein contained shall
prevent the enforcement of any final order, decision, or award, in
the manner provided in this division.
5902. The petition for reconsideration shall set forth specifically
and in full detail the grounds upon which the petitioner considers
the final order, decision or award made and filed by the appeals
board or a workers' compensation judge to be unjust or unlawful, and
every issue to be considered by the appeals board. The petition shall
be verified upon oath in the manner required for verified pleadings
in courts of record and shall contain a general statement of any
evidence or other matters upon which the applicant relies in support
thereof.
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:
(a) That by the order, decision, or award made and filed by the
appeals board or the workers' compensation judge, the appeals board
acted without or in excess of its powers.
(b) That the order, decision, or award was procured by fraud.
(c) That the evidence does not justify the findings of fact.
(d) That the petitioner has discovered new evidence material to
him or her, which he or she could not, with reasonable diligence,
have discovered and produced at the hearing.
(e) That the findings of fact do not support the order, decision,
or award.
Nothing contained in this section shall limit the grant of
continuing jurisdiction contained in Sections 5803 to 5805,
inclusive.
5904. The petitioner for reconsideration shall be deemed to have
finally waived all objections, irregularities, and illegalities
concerning the matter upon which the reconsideration is sought other
than those set forth in the petition for reconsideration.
5905. A copy of the petition for reconsideration shall be served
forthwith upon all adverse parties by the person petitioning for
reconsideration. Any adverse party may file an answer thereto within
10 days thereafter. Such answer shall likewise be verified. The
appeals board may require the petition for reconsideration to be
served on other persons designated by it.
5906. Upon the filing of a petition for reconsideration, or having
granted reconsideration upon its own motion, 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 on
the basis of the evidence previously submitted in the case, or may
grant reconsideration and direct the taking of additional evidence.
Notice of the time and place of any hearing on reconsideration shall
be given to the petitioner and adverse parties and to other persons
as the appeals board orders.
5907. If, at the time of granting reconsideration, it appears to
the satisfaction of the appeals board that no sufficient reason
exists for taking further testimony, the appeals board may affirm,
rescind, alter, or amend the order, decision, or award made and filed
by the appeals board or the workers' compensation judge and may,
without further proceedings, without notice, and without setting a
time and place for further hearing, enter its findings, order,
decision, or award based upon the record in the case.
5908. (a) After the taking of additional evidence and a
consideration of all of the facts the appeals board may affirm,
rescind, alter, or amend the original order, decision, or award. An
order, decision, or award made following reconsideration which
affirms, rescinds, alters, or amends the original order, decision, or
award shall be made by the appeals board but shall not affect any
right or the enforcement of any right arising from or by virtue of
the original order, decision, or award, unless so ordered by the
appeals board.
(b) In any case where the appeals board rescinds or reduces an
order, decision, or award on the grounds specified in paragraph (b)
of Section 5903, the appeals board shall refer the case to the Bureau
of Fraudulent Claims pursuant to Article 4 (commencing with Section
12990) of Chapter 2 of Division 3 of the Insurance Code, if the
employer is insured, or to the district attorney of the county in
which the fraud occurred if the employer is self-insured.
5908.5. Any decision of the appeals board granting or denying a
petition for reconsideration or affirming, rescinding, altering, or
amending the original findings, order, decision, or award following
reconsideration shall be made by the appeals board and not by a
workers' compensation judge and shall be in writing, signed by a
majority of the appeals board members assigned thereto, and shall
state the evidence relied upon and specify in detail the reasons for
the decision.
The requirements of this section shall in no way be construed so
as to broaden the scope of judicial review as provided for in Article
2 (commencing with Section 5950) of this chapter.
5909. 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 of filing.
5910. The filing of a petition for reconsideration shall suspend
for a period of 10 days the order, decision, or award affected,
insofar as it applies to the parties to the petition, unless
otherwise ordered by the appeals board. The appeals board upon the
terms and conditions which it by order directs, may stay, suspend, or
postpone the order, decision, or award during the pendency of the
reconsideration.
5911. Nothing contained in this article shall be construed to
prevent the appeals board, on petition of an aggrieved party or on
its own motion, from granting reconsideration of an original order,
decision, or award made and filed by the appeals board within the
same time specified for reconsideration of an original order,
decision, or award.
5900. (a) Any person aggrieved directly or indirectly by any final
order, decision, or award made and filed by the appeals board or a
workers' compensation judge under any provision contained in this
division, may petition the appeals board for reconsideration in
respect to any matters determined or covered by the final order,
decision, or award, and specified in the petition for
reconsideration. The petition shall be made only within the time and
in the manner specified in this chapter.
(b) At any time within 60 days after the filing of an order,
decision, or award made by a workers' compensation judge and the
accompanying report, the appeals board may, on its own motion, grant
reconsideration.
5901. No cause of action arising out of any final order, decision
or award made and filed by the appeals board or a workers'
compensation judge shall accrue in any court to any person until and
unless the appeals board on its own motion sets aside the final
order, decision, or award and removes the proceeding to itself or if
the person files a petition for reconsideration, and the
reconsideration is granted or denied. Nothing herein contained shall
prevent the enforcement of any final order, decision, or award, in
the manner provided in this division.
5902. The petition for reconsideration shall set forth specifically
and in full detail the grounds upon which the petitioner considers
the final order, decision or award made and filed by the appeals
board or a workers' compensation judge to be unjust or unlawful, and
every issue to be considered by the appeals board. The petition shall
be verified upon oath in the manner required for verified pleadings
in courts of record and shall contain a general statement of any
evidence or other matters upon which the applicant relies in support
thereof.
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:
(a) That by the order, decision, or award made and filed by the
appeals board or the workers' compensation judge, the appeals board
acted without or in excess of its powers.
(b) That the order, decision, or award was procured by fraud.
(c) That the evidence does not justify the findings of fact.
(d) That the petitioner has discovered new evidence material to
him or her, which he or she could not, with reasonable diligence,
have discovered and produced at the hearing.
(e) That the findings of fact do not support the order, decision,
or award.
Nothing contained in this section shall limit the grant of
continuing jurisdiction contained in Sections 5803 to 5805,
inclusive.
5904. The petitioner for reconsideration shall be deemed to have
finally waived all objections, irregularities, and illegalities
concerning the matter upon which the reconsideration is sought other
than those set forth in the petition for reconsideration.
5905. A copy of the petition for reconsideration shall be served
forthwith upon all adverse parties by the person petitioning for
reconsideration. Any adverse party may file an answer thereto within
10 days thereafter. Such answer shall likewise be verified. The
appeals board may require the petition for reconsideration to be
served on other persons designated by it.
5906. Upon the filing of a petition for reconsideration, or having
granted reconsideration upon its own motion, 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 on
the basis of the evidence previously submitted in the case, or may
grant reconsideration and direct the taking of additional evidence.
Notice of the time and place of any hearing on reconsideration shall
be given to the petitioner and adverse parties and to other persons
as the appeals board orders.
5907. If, at the time of granting reconsideration, it appears to
the satisfaction of the appeals board that no sufficient reason
exists for taking further testimony, the appeals board may affirm,
rescind, alter, or amend the order, decision, or award made and filed
by the appeals board or the workers' compensation judge and may,
without further proceedings, without notice, and without setting a
time and place for further hearing, enter its findings, order,
decision, or award based upon the record in the case.
5908. (a) After the taking of additional evidence and a
consideration of all of the facts the appeals board may affirm,
rescind, alter, or amend the original order, decision, or award. An
order, decision, or award made following reconsideration which
affirms, rescinds, alters, or amends the original order, decision, or
award shall be made by the appeals board but shall not affect any
right or the enforcement of any right arising from or by virtue of
the original order, decision, or award, unless so ordered by the
appeals board.
(b) In any case where the appeals board rescinds or reduces an
order, decision, or award on the grounds specified in paragraph (b)
of Section 5903, the appeals board shall refer the case to the Bureau
of Fraudulent Claims pursuant to Article 4 (commencing with Section
12990) of Chapter 2 of Division 3 of the Insurance Code, if the
employer is insured, or to the district attorney of the county in
which the fraud occurred if the employer is self-insured.
5908.5. Any decision of the appeals board granting or denying a
petition for reconsideration or affirming, rescinding, altering, or
amending the original findings, order, decision, or award following
reconsideration shall be made by the appeals board and not by a
workers' compensation judge and shall be in writing, signed by a
majority of the appeals board members assigned thereto, and shall
state the evidence relied upon and specify in detail the reasons for
the decision.
The requirements of this section shall in no way be construed so
as to broaden the scope of judicial review as provided for in Article
2 (commencing with Section 5950) of this chapter.
5909. 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 of filing.
5910. The filing of a petition for reconsideration shall suspend
for a period of 10 days the order, decision, or award affected,
insofar as it applies to the parties to the petition, unless
otherwise ordered by the appeals board. The appeals board upon the
terms and conditions which it by order directs, may stay, suspend, or
postpone the order, decision, or award during the pendency of the
reconsideration.
5911. Nothing contained in this article shall be construed to
prevent the appeals board, on petition of an aggrieved party or on
its own motion, from granting reconsideration of an original order,
decision, or award made and filed by the appeals board within the
same time specified for reconsideration of an original order,
decision, or award.
5900. (a) Any person aggrieved directly or indirectly by any final
order, decision, or award made and filed by the appeals board or a
workers' compensation judge under any provision contained in this
division, may petition the appeals board for reconsideration in
respect to any matters determined or covered by the final order,
decision, or award, and specified in the petition for
reconsideration. The petition shall be made only within the time and
in the manner specified in this chapter.
(b) At any time within 60 days after the filing of an order,
decision, or award made by a workers' compensation judge and the
accompanying report, the appeals board may, on its own motion, grant
reconsideration.
5901. No cause of action arising out of any final order, decision
or award made and filed by the appeals board or a workers'
compensation judge shall accrue in any court to any person until and
unless the appeals board on its own motion sets aside the final
order, decision, or award and removes the proceeding to itself or if
the person files a petition for reconsideration, and the
reconsideration is granted or denied. Nothing herein contained shall
prevent the enforcement of any final order, decision, or award, in
the manner provided in this division.
5902. The petition for reconsideration shall set forth specifically
and in full detail the grounds upon which the petitioner considers
the final order, decision or award made and filed by the appeals
board or a workers' compensation judge to be unjust or unlawful, and
every issue to be considered by the appeals board. The petition shall
be verified upon oath in the manner required for verified pleadings
in courts of record and shall contain a general statement of any
evidence or other matters upon which the applicant relies in support
thereof.
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:
(a) That by the order, decision, or award made and filed by the
appeals board or the workers' compensation judge, the appeals board
acted without or in excess of its powers.
(b) That the order, decision, or award was procured by fraud.
(c) That the evidence does not justify the findings of fact.
(d) That the petitioner has discovered new evidence material to
him or her, which he or she could not, with reasonable diligence,
have discovered and produced at the hearing.
(e) That the findings of fact do not support the order, decision,
or award.
Nothing contained in this section shall limit the grant of
continuing jurisdiction contained in Sections 5803 to 5805,
inclusive.
5904. The petitioner for reconsideration shall be deemed to have
finally waived all objections, irregularities, and illegalities
concerning the matter upon which the reconsideration is sought other
than those set forth in the petition for reconsideration.
5905. A copy of the petition for reconsideration shall be served
forthwith upon all adverse parties by the person petitioning for
reconsideration. Any adverse party may file an answer thereto within
10 days thereafter. Such answer shall likewise be verified. The
appeals board may require the petition for reconsideration to be
served on other persons designated by it.
5906. Upon the filing of a petition for reconsideration, or having
granted reconsideration upon its own motion, 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 on
the basis of the evidence previously submitted in the case, or may
grant reconsideration and direct the taking of additional evidence.
Notice of the time and place of any hearing on reconsideration shall
be given to the petitioner and adverse parties and to other persons
as the appeals board orders.
5907. If, at the time of granting reconsideration, it appears to
the satisfaction of the appeals board that no sufficient reason
exists for taking further testimony, the appeals board may affirm,
rescind, alter, or amend the order, decision, or award made and filed
by the appeals board or the workers' compensation judge and may,
without further proceedings, without notice, and without setting a
time and place for further hearing, enter its findings, order,
decision, or award based upon the record in the case.
5908. (a) After the taking of additional evidence and a
consideration of all of the facts the appeals board may affirm,
rescind, alter, or amend the original order, decision, or award. An
order, decision, or award made following reconsideration which
affirms, rescinds, alters, or amends the original order, decision, or
award shall be made by the appeals board but shall not affect any
right or the enforcement of any right arising from or by virtue of
the original order, decision, or award, unless so ordered by the
appeals board.
(b) In any case where the appeals board rescinds or reduces an
order, decision, or award on the grounds specified in paragraph (b)
of Section 5903, the appeals board shall refer the case to the Bureau
of Fraudulent Claims pursuant to Article 4 (commencing with Section
12990) of Chapter 2 of Division 3 of the Insurance Code, if the
employer is insured, or to the district attorney of the county in
which the fraud occurred if the employer is self-insured.
5908.5. Any decision of the appeals board granting or denying a
petition for reconsideration or affirming, rescinding, altering, or
amending the original findings, order, decision, or award following
reconsideration shall be made by the appeals board and not by a
workers' compensation judge and shall be in writing, signed by a
majority of the appeals board members assigned thereto, and shall
state the evidence relied upon and specify in detail the reasons for
the decision.
The requirements of this section shall in no way be construed so
as to broaden the scope of judicial review as provided for in Article
2 (commencing with Section 5950) of this chapter.
5909. 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 of filing.
5910. The filing of a petition for reconsideration shall suspend
for a period of 10 days the order, decision, or award affected,
insofar as it applies to the parties to the petition, unless
otherwise ordered by the appeals board. The appeals board upon the
terms and conditions which it by order directs, may stay, suspend, or
postpone the order, decision, or award during the pendency of the
reconsideration.
5911. Nothing contained in this article shall be construed to
prevent the appeals board, on petition of an aggrieved party or on
its own motion, from granting reconsideration of an original order,
decision, or award made and filed by the appeals board within the
same time specified for reconsideration of an original order,
decision, or award.
