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Definition of Petition For Reconsideration

Petition for reconsideration is a legal process in California to appeal a decision that has been issued by a workers' compensation judge. The appeal is heard by the Workers' Compensation Appeals Board Reconsideration Unit, which is a seven-member, judicial body that is appointed by the governor and confirmed by the Senate. It is made when a workers' compensation claim is denied by a workers' compensation judge.

The petition for reconsideration has to be filed within 20 days of the adverse decision, and petitions may only be filed on certain grounds. These grounds include the decision being based on fraud, newly discovered evidence exists that could not have been produced at the original hearing, the appeals board or the workers' compensation judge did something outside of, or in excess of, their powers under law, the findings of fact in the hearing do not support the decision that was made or the evidence does not justify the decision. Once the petition for reconsideration has been filed by an injured worker, their employer may file an answer within 10 days, the workers' compensation judge has 15 days to prepare an explanation of their decision in the hearing and the Workers' Compensation Appeals Board has to take action within 60 days. The petition is denied automatically if the Board does nothing within the 60-day period.

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