A recent court filing reveals a contentious legal battle over workers' compensation rights, highlighting systemic issues and legislative responses. On September 18, 2024, Joseph Mayor filed a complaint in the Court of Appeal of the State of California against the Workers’ Compensation Appeals Board (WCAB) and Ross Valley Sanitation District.
Joseph Mayor is seeking a writ of mandate to overturn the WCAB's decision to grant Ross Valley Sanitation District’s petition for reconsideration regarding an award of permanent disability. The dispute centers on former section 5909 of the Labor Code, which stipulated that any petition for reconsideration not acted upon within 60 days would be deemed denied. Mayor argues that since the WCAB did not act within this timeframe, its eventual decision exceeded its jurisdiction. The WCAB issued its order 144 days after Ross Valley filed its petition, well beyond the statutory deadline.
The case traces back to March 2, 2023, when a workers' compensation judge awarded Mayor total permanent disability due to an industrial injury sustained in December 2013 while employed by Ross Valley. Ross Valley filed for reconsideration on March 28, 2023. Despite electronic confirmation of receipt on the same day, no action was taken within the mandated period. By June 5, 2023—74 days post-filing—Ross Valley had yet to receive any update from the WCAB.
Mayor requested enforcement of his award on July 19, 2023. However, it wasn't until August 14, 2023—144 days after filing—that the WCAB granted Ross Valley’s petition for reconsideration. This delay prompted Mayor to file his writ of mandate on January 9, 2024. He contends that under former section 5909, the WCAB lost jurisdiction over the matter after failing to act within the required timeframe.
In response to similar cases and workload concerns raised by the WCAB, the Legislature amended section 5909 through Assembly Bill No.171 in mid-2024. The amendment changed the start date for the 60-day deadline from when a petition is filed to when a trial judge transmits a case file to the appeals board. This legislative move implicitly confirmed prior judicial interpretations like Zurich American Ins. Co. v. Workers’ Comp Appeals Bd., which held that actions taken beyond this period were outside jurisdictional bounds.
Mayor's case underscores broader systemic issues within California's workers' compensation framework and raises questions about administrative efficiency and due process rights. He seeks not only rescission of Ross Valley’s granted petition but also affirmation that his original award stands final and enforceable.
Representing Mayor is Elizabeth Hudson from Shoemaker Law Offices while Anne Schmitz and Allison Fairchild represent WCAB and Ross Valley respectively. Presiding Judge Brown alongside Judges Streeter and Goldman are overseeing this pivotal case under Case ID A169465.