CAAA: Supreme Court Hears Oral Arguments in Mayor v. WCAB

Tuesday, June 9, 2026 | 0

The California Supreme Court heard oral arguments last week in Mayor v. Workers’ Compensation Appeals Board (Ross Valley Sanitation District), a closely watched case that could have significant implications for how workers’ compensation cases are administered throughout California.

At issue is whether the Workers’ Compensation Appeals Board retains authority to act on petitions for reconsideration after the statutory 60-day period set forth in former Labor Code Section 5909, particularly when administrative delays prevent the board from receiving or processing a petition within that time frame. 

The dispute stems from a March 2023 award of permanent total disability benefits to an injured worker. After the employer filed a petition for reconsideration, the WCAB ultimately granted it in August 2023, explaining that an administrative irregularity had delayed receipt of the petition and prevented action within the statutory period.

The 1st District Court of Appeal later concluded that the WCAB lacked jurisdiction to act outside the 60-day deadline, relying on its earlier decision in Zurich American Insurance Co. v. WCAB (2023). (Note: While this case was pending, the California Legislature amended Labor Code Section 5909 so that the 60-day countdown now begins when the case file is transmitted to the board rather than when the petition is filed, though this does not directly alter the outcome of the Mayor dispute.)

As is often the case, the court gave no indication of how it will ultimately rule, though some observers viewed portions of the argument as favorable to the petitioner. The case was submitted following argument, and a decision is expected in the coming months.

Regardless of how the court will ultimately rule, Mayor is likely to become one of the most consequential workers’ compensation procedural decisions in recent years, shaping how reconsideration petitions are handled and defining the balance between statutory deadlines and due process protections. The California Applicants’ Attorneys Association will continue to closely monitor developments and provide updates as the Supreme Court issues its ruling.

This opinion by the California Applicants' Attorneys Association communications team is republished, with permission, from the CAAA website.