What Must be in a California Petition for Reconsideration?

Compliance Corner

Sacramento, CA (WorkersCompensation.com) -- Under California law, anyone aggrieved directly or indirectly by any final order, decision, or award made and filed by the appeals board or a workers' compensation judge 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.

So what must be in the petition? Here's a look.

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+ 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.

And what are the grounds that can be included in a petition for reconsideration?

(1) 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.

(2) That the order, decision, or award was procured by fraud.

(3) That the evidence does not justify the findings of fact.

(4) 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.

(5) That the findings of fact do not support the order, decision, or award.

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