A petition for reconsideration wcab filing is how you ask California’s Workers’ Compensation Appeals Board to review a judge’s decision. Any party who disagrees with a workers’ compensation judge’s final decision can file it. That includes an injured worker, an employer, or an insurance company. The form is WCAB 45, and it has a strict deadline. If you feel a judge got your case wrong, this guide explains what the form does, when it is due, and how to file it.
What the Petition For Reconsideration Wcab Is For
A workers’ compensation judge decides disputes in your claim. For example, a judge may rule on whether your injury is work-related. A judge may also set your permanent disability rating or deny a treatment request. A petition for reconsideration wcab filing asks a panel of Appeals Board commissioners to look at that ruling again. It works like an appeal inside the workers’ comp system. However, it is not a fresh trial. In most cases, the Board reviews the record that already exists.
The petition must explain clearly why the decision is wrong. In general, California law allows a few kinds of reasons. These include the judge going beyond their powers, fraud, evidence that does not support the findings, or important new evidence you could not have found earlier. A petition that only says “I disagree” is typically not enough. As a result, it helps to point to specific facts, reports, and testimony. Here are the key details at a glance.
| Item | Details |
|---|---|
| Form number | WCAB 45 |
| Form title | Petition for Reconsideration |
| Who files | A party appealing a workers’ compensation judge’s decision |
| Deadline | Within 20 days (plus mailing time) |
| Where filed | With the Workers’ Compensation Appeals Board, typically through the district office handling your case or electronically; confirm with DWC |
| Fee | No filing fee is listed on the official form; confirm with DWC |
| Agency | California Division of Workers’ Compensation (DWC) |
| Official PDF | Petition for Reconsideration (WCAB 45) |
Who Files the Petition For Reconsideration Wcab and When
Any party to the case can file a petition for reconsideration wcab request. Injured workers file it when a judge denies benefits or awards less than they believe is fair. Employers and insurers file it too. For example, an insurer may challenge an award of medical treatment. If the other side files one against you, you typically have a chance to respond in writing. You can learn more about who runs these cases on our California workers comp board page.
The petition usually applies to a final decision. That means a ruling that settles a key right or issue in your case. Some day-to-day orders, such as scheduling decisions, are handled differently. Typically, those are challenged through a different type of petition. If you are not sure whether your judge’s ruling is “final,” ask the district office or a licensed attorney before the deadline runs.
This deadline is short, especially when you are hurt and dealing with bills. However, you do not need a perfect legal brief to protect your rights. What matters most is filing a complete, signed petition on time. Mark the date on your decision as soon as it arrives.
How to Fill It Out and Where to Send It
Start by downloading the official WCAB 45 Petition for Reconsideration PDF. You can also find it on the DWC’s official workers’ compensation forms page. The form asks for your case number, the names of the parties, and the decision you are challenging. It then asks for your reasons. List each reason separately. Point to the exact evidence in the record that supports it.
Common mistakes cause many petitions to be denied or dismissed. Watch for these:
- Filing after the deadline, even by one day.
- Not signing the petition under penalty of perjury (called “verification”).
- Giving vague reasons with no reference to the evidence.
- Attaching documents that are already in the court record.
- Not sending a copy to every other party in the case.
You can typically file through the state’s electronic case system or by delivering paper to the district office handling your case. Unrepresented workers often file on paper. In most cases, you must also serve a copy on every other party and show proof that you did. If you are still early in the process, review how to file a California workers comp claim and the basic California workers comp requirements. Confirm the correct filing location with DWC before you send anything.
What Happens After You File
After you file a petition for reconsideration wcab request, the other parties can file an answer. The judge who made the original decision typically writes a report for the Appeals Board. In that report, the judge may recommend granting or denying your petition. In some cases, the judge may also change their own decision. Then a panel of commissioners reviews the petition, the answer, and the report. The Board must act within a time limit set by state law.
📨 Get Free Workers Comp Guides Alerts
Free · No spam · Unsubscribe anytime
The Board may deny the petition, grant it, or send the case back to the judge for more work. If it grants reconsideration, it may issue a new decision later. If you disagree with the Board’s final ruling, the next step is generally a petition to the California Court of Appeal. That step has its own strict deadline. For questions, contact your DWC district office or the California Division of Workers’ Compensation directly.
Frequently Asked Questions
Do I need a lawyer to file a petition for reconsideration wcab?
No. Many California injured workers file without a lawyer. However, these petitions are technical, and the deadline is short. Consider at least a short consultation with a licensed attorney, and confirm your deadline with your state board.
Can I add new evidence to my petition?
Typically, the Board reviews the evidence already in the record. New evidence may be considered only if it is important and you could not reasonably have found it earlier. You should explain why it was not available before the decision.
Does filing stop my benefits?
Filing a petition for reconsideration wcab request does not automatically change your current benefits. In most cases, it depends on what the judge ordered and what the Board decides. Ask the district office or a licensed attorney how your specific benefits are affected.
Petition for reconsideration wcab: Quick Recap
If you remember one thing about petition for reconsideration wcab, make it this: the rule is set by the state (or the federal program), not by the insurer, and the official source is linked above. Every figure on this page about petition for reconsideration wcab should be confirmed with the agency before you act on it.
Questions about petition for reconsideration wcab that this page does not answer are usually answered for free by the state workers’ comp agency’s information line — and, for a disputed claim, by a licensed attorney in a first consultation.
See your state’s exact numbers
What you are owed depends on your state’s benefit caps and deadlines. Start with your state’s settlement and claim guides for the exact figures.
Sources & How to Verify
The figures on this page come from official government and industry sources. Workers’ comp benefit caps, deadlines, and rules change, so always confirm the exact figure with your state’s workers’ comp board or a licensed attorney before acting. Settlement estimates are illustrative, and every case is different.
- Your state workers’ comp board, division, or commission: the official source for your state’s exact caps, deadlines, and forms — search “[your state] workers compensation board”
- U.S. Department of Labor (OWCP): dol.gov — federal workers’ compensation overview
- NCCI: ncci.com — workers’ comp rating and benefit data
- Social Security Administration: ssa.gov — benefit-cap and SSDI offset data
- Insurance Information Institute: iii.org — neutral workers’ comp background
Content last reviewed October 2026. If you notice an outdated figure, please contact us.
Related Guides
- California Workers Comp Board
- How to File a California Workers Comp Claim
- California Workers Comp Requirements
- Workers Comp Settlements by State (All 50)
- Workers Comp Claims by State (All 50)
- More in This Category
- Settlements by Injury
- Benefits Explained
- Workers Comp Glossary
Informational only — not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm, insurer, or medical or financial advisor, and this page does not provide legal, medical, or financial advice. Workers’ compensation benefits, deadlines, and rules vary by state and change over time, and settlement estimates are illustrative only. Always confirm the exact figure and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.