“We won, and now they’re appealing.”

What an appeal actually is here

Step one is a petition for reconsiderationPetition for Reconsideration Appeal from a final order. 20 days. A non-final order takes a Petition for Removal instead., filed within 20 days of service of the decision. It goes to the Appeals Board — the same institution, reviewing the judge’s decision on the existing record.

The grounds are limited. That the Board acted without or in excess of its powers, that the decision was procured by fraud, that the evidence does not justify the findings, that there is newly discovered evidence that could not reasonably have been produced, or that the findings do not support the award.

“We disagree with the outcome” is not on that list.

Note for 2026 — this rule changed in July. The law deems a petition for reconsideration denied unless the Appeals Board acts within 60 days. Since July 2, 2024, under AB 171 (Stats. 2024, ch. 52), those 60 days run from the date a trial judge transmits the case to the Board. That version was written to sunset on July 1, 2026 and hand the trigger back to the date of filing. The Legislature removed the sunset: SB 171 (Stats. 2026, ch. 83), effective July 13, 2026, kept the transmittal trigger. Transmittal is the later trigger, so a petition is deemed denied later than it would have been under the filing trigger. The full timeline.

Step two, if reconsideration is denied, is a petition for writ of review to the Court of Appeal, within 45 days. Appellate courts grant these sparingly.

What it does to your money

Reconsideration does not automatically undo an award, and the Board can order payment of undisputed amounts to continue.

Medical treatment obligations generally continue while a dispute over something else proceeds.

And where payment is delayed unreasonably, the penalties still apply — the automatic 10% and up to 25% or up to $10,000, whichever is less. An appeal is not a license to stop paying what is not in dispute. What delay is worth.

If payments have stopped because of an appeal, say so in writing and ask which specific amounts are disputed. Frequently the answer is “some of it,” and the rest should still be arriving.

What you need to do

Usually very little, and that is the honest answer. Reconsideration is decided on the existing record. There is no hearing to attend and no testimony to give.

Your side may file an answer, and there are deadlines for it.

And keep treating. A gap in the record during an appeal is read the same way any other gap is read.

How long

Longer than it should. Reconsideration is decided on the papers and the timeline is set by statute, but the practical wait is real — and a writ petition adds months more.

Which is why an appeal is sometimes used as leverage rather than as a genuine challenge. A settlement discussion during a pending reconsideration is common, and it is worth evaluating on the merits rather than on fatigue. Settle or wait it out.