California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 8 - Office of the Director
Subchapter 7 - Return-to-Work Supplement
Article 1
Section 17309 - Appeal to the WCAB

An individual dissatisfied with any final decision of the Director on his or her application for the Return-to-Work Supplement may, file an appeal at the Workers' Compensation Appeals Board (WCAB) District Office. The appeal must contain the name of the individual, the ADJ number of the case in which a voucher was provided, and a clear and concise statement of the facts constituting the basis for the appeal. A copy of the appeal shall be served on the Return-to-Work Program located at 1515 Clay Street, 17th Floor, Oakland, California, 94612. Any appeal must be filed with the WCAB within 20 days of the service of the decision. After an appeal has been timely filed, the Return-to-Work Program may, within the period of fifteen (15) days following the date of filing of that appeal, amend or modify the decision or rescind the decision and take further action. Further action shall be initiated within 30 days from the order of rescission. The time for filing an appeal will run from the filing date of the new, amended or modified decision. Any such appeal will be subject to review at the trial level of the WCAB upon the same grounds as prescribed for petitions for reconsideration.

1. New section filed 4-6-2015; operative 4-6-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 15).
2. Governor Newsom issued Executive Order N-63-20 (2019 CA EO 63-20), dated May 7, 2020, which extended certain deadlines related to Return-to-Work Supplement appeals, due to the COVID-19 pandemic.

Note: Authority cited: Sections 54, 55 and 139.48, Labor Code. Reference: Section 139.48, Labor Code.