Workers’ Compensation · Primary-source case analysis

Garcia: A Seriously Untimely Reconsideration Petition Can Support Sanctions

By Aneeta Mishra and Timothy Chan

Published September 13, 2026

Garcia v. The Vons Company examines professional responsibility when a lien representative files an untimely reconsideration petition.

The lien dispute proceeded through notices and a disallowance

A chiropractic lien claimant failed to appear for proceedings, and the WCJ ultimately disallowed the lien after notice. Its representative later challenged the result.

The reconsideration petition was months late

The Board determined that the representative had personal knowledge of the decision well before filing. Even arguments about service did not make the petition timely.

A petition is a sanctionable legal document

The WCAB held that a reconsideration petition falls within Rule 10561 and that filing one without reasonable justification may constitute a frivolous or bad-faith tactic under section 5813.

The Board provided notice and an opportunity to object

It issued notice of intended monetary sanctions and attorney’s fees rather than imposing them without process. Garcia also cautioned that sanctions requests themselves require specific justification.

Key takeaways

• Calendar reconsideration deadlines from every potentially operative trigger.
• Explain any claimed service defect with record evidence.
• Do not file a facially late petition without a developed jurisdictional basis.
• Respond timely to a sanctions notice with specific facts and law.