California Supreme Court Watch

#26-76 Zenith Ins. Co. v. Workers’ Comp. Appeals Bd., S295357. (H052785; 118 Cal.App.5th 510; Workers’ Compensation Appeals Board; ADJ13725280.) Petition for review after the Court of Appeal reversed the decision in a Workers’ Compensation Appeals Board proceeding. The court ordered briefing deferred pending decision in Mayor v. Workers’ Comp. Appeals Bd., S287261 (#24-234), which presents the following issues: (1) May the Workers’ Compensation Appeals Board apply equitable tolling to act upon a petition for reconsideration beyond the 60-day period provided in Labor Code section 5909, when the Appeals Board did not receive the petition for reconsideration until after the 60-day period has elapsed? (2) Did the Court of Appeal act in excess of its jurisdiction in granting relief under traditional mandate (Code Civ. Proc., § 1085), where petitioner did not file a timely petition for writ of review pursuant to Labor Code section 5909?

Petition for review granted; briefing deferred: 4/29/2026

See the Court of Appeal Opinion.