Workers’ Compensation · Primary-source case analysis

City of Salinas: The WCAB’s Reconsideration Deadline Allowed Narrow Equitable Tolling

By Aneeta Mishra and Timothy Chan

Published April 20, 2026

City of Salinas addresses the consequences of a WCAB petition that was timely filed but did not reach the Board’s reviewing commissioners within the statutory period.

A timely petition did not reach the Board in time

After a judge’s mixed award on a police officer’s cumulative-injury claim, the officer timely sought reconsideration. Administrative processing failures prevented the commissioners from reviewing it within former section 5909’s 60 days.

The deadline limited ordinary authority

The court agreed that the Board ordinarily acts in excess of jurisdiction when it grants reconsideration after 60 days. But the deadline did not eliminate the Board’s fundamental subject-matter jurisdiction over the compensation proceeding.

Narrow tolling protected a blameless filer

Equitable tolling was available where the petition was timely and the delay resulted from agency error outside the party’s control. The court treated this as a narrow remedy, not permission for routine late action or administrative delay.

Disposition

The court affirmed the Board’s order applying tolling. The holding turned on the timely filing and the particular breakdown in transmission, so records of filing and docket processing remain critical.

Key takeaways

• Preserve conformed filing proof for every reconsideration petition.
• Distinguish excess of jurisdiction from lack of fundamental jurisdiction.
• Build a specific record showing agency-caused delay and party diligence.
• Do not assume equitable tolling excuses ordinary inaction.