A recent court filing reveals a significant dispute over the timeliness of a workers' compensation appeal. The petitioner, Joseph Mayor, filed a complaint with the Court of Appeal of the State of California on August 28, 2024, against the Workers’ Compensation Appeals Board (WCAB) and Ross Valley Sanitation District.
Joseph Mayor is seeking a writ of mandate to overturn an order by the WCAB that granted Ross Valley Sanitation District's petition for reconsideration of an award for permanent disability. This case stems from an industrial injury Mayor suffered in December 2013 while employed by Ross Valley. On March 2, 2023, a workers' compensation judge awarded Mayor total permanent disability benefits. However, Ross Valley filed for reconsideration on March 28, 2023. According to former section 5909 of the Labor Code, "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." Despite this clear deadline, the WCAB issued its order granting reconsideration on August 14, 2023—144 days after Ross Valley’s filing.
Mayor contends that this delay exceeded WCAB's jurisdiction as per former section 5909. He cites a recent decision in Zurich American Ins. Co. v. Workers’ Comp. Appeals Bd., which supports his argument that any action taken after the statutory deadline is invalid. The Legislature has since amended section 5909 to start the 60-day countdown when the Board receives the case file rather than when the petition is filed, implicitly confirming Zurich’s interpretation and addressing future concerns about similar delays.
The case's background highlights several key dates and actions: On June 5, 2023—74 days post-filing—Ross Valley inquired about their petition’s status due to no action being taken within the mandated period. Mayor requested enforcement of his award on July 19, 2023. Following continued inaction and confusion over receipt dates between parties and administrative systems like EAMS (Electronic Adjudication Management System), Mayor eventually sought judicial intervention through his January petition.
In defense, WCAB cited administrative irregularities beyond their control as reasons for not receiving timely notice of Ross Valley’s petition—a claim Mayor disputes given that electronic records indicated timely receipt.
Mayor seeks judicial confirmation that WCAB lost jurisdiction over Ross Valley's reconsideration petition after failing to act within the prescribed period under former section 5909. He requests rescission of WCAB’s orders dated January and February 2024 that granted reconsideration and returned matters to trial level proceedings.
Representing Joseph Mayor are attorneys from Shoemaker Law Offices led by Elizabeth Hudson; representing WCAB are Anne Schmitz and Allison Fairchild.
This case is presided over by judges Brown P.J., Streeter J., and Goldman J., under Case ID A169465.