Article 2. Judicial Review of California Labor Code >> Division 4. >> Part 4. >> Chapter 7. >> Article 2.
Any person affected by an order, decision, or award of the
appeals board may, within the time limit specified in this section,
apply to the Supreme Court or to the court of appeal for the
appellate district in which he resides, for a writ of review, for the
purpose of inquiring into and determining the lawfulness of the
original order, decision, or award or of the order, decision, or
award following reconsideration. The application for writ of review
must be made within 45 days after a petition for reconsideration is
denied, or, if a petition is granted or reconsideration is had on the
appeal board's own motion, within 45 days after the filing of the
order, decision, or award following reconsideration.
The writ of review shall be made returnable at a time and
place then or thereafter specified by court order and shall direct
the appeals board to certify its record in the case to the court
within the time therein specified. No new or additional evidence
shall be introduced in such court, but the cause shall be heard on
the record of the appeals board, as certified to by it.
The review by the court shall not be extended further than to
determine, based upon the entire record which shall be certified by
the appeals board, whether:
(a) The appeals board acted without or in excess of its powers.
(b) The order, decision, or award was procured by fraud.
(c) The order, decision, or award was unreasonable.
(d) The order, decision, or award was not supported by substantial
(e) If findings of fact are made, such findings of fact support
the order, decision, or award under review.
Nothing in this section shall permit the court to hold a trial de
novo, to take evidence, or to exercise its independent judgment on
The findings and conclusions of the appeals board on
questions of fact are conclusive and final and are not subject to
review. Such questions of fact shall include ultimate facts and the
findings and conclusions of the appeals board. The appeals board and
each party to the action or proceeding before the appeals board shall
have the right to appear in the review proceeding. Upon the hearing,
the court shall enter judgment either affirming or annulling the
order, decision, or award, or the court may remand the case for
further proceedings before the appeals board.
The provisions of the Code of Civil Procedure relating to
writs of review shall, so far as applicable, apply to proceedings in
the courts under the provisions of this article. A copy of every
pleading filed pursuant to the terms of this article shall be served
on the appeals board and upon every party who entered an appearance
in the action before the appeals board and whose interest therein is
adverse to the party filing such pleading.
No court of this state, except the Supreme Court and the
courts of appeal to the extent herein specified, has jurisdiction to
review, reverse, correct, or annul any order, rule, decision, or
award of the appeals board, or to suspend or delay the operation or
execution thereof, or to restrain, enjoin, or interfere with the
appeals board in the performance of its duties but a writ of mandate
shall lie from the Supreme Court or a court of appeal in all proper
The filing of a petition for, or the pendency of, a writ of
review shall not of itself stay or suspend the operation of any
order, rule, decision, or award of the appeals board, but the court
before which the petition is filed may stay or suspend, in whole or
in part, the operation of the order, decision, or award of the
appeals board subject to review, upon the terms and conditions which
it by order directs, except as provided in Article 3 of this chapter.