What the panel ordered
Petition for Reconsideration dismissed
Petition for Reconsideration filed April 23, 2021, withdrawn by petitioner before decision
This docket was decided more than once. Shown here is the latest released decision; we also hold February 9, 2021.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Petition for Reconsideration was withdrawn by petitioner before decision, so it was dismissed.
From the decision · page 1The Petition for Reconsideration of the decision issued on April 1, 2021 has been withdrawn by petitioner. Therefore, it will be dismissed.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Petition for Reconsideration was withdrawn by petitioner before decision
Favours Defendant prevailed
This led to dismissal of the petition.
From the decision · page 1The Petition for Reconsideration of the decision issued on April 1, 2021 has been withdrawn by petitioner. Therefore, it will be dismissed.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, 5909
Appeals Board has 60 days from filing of petition for reconsideration to act on it
Petition was timely filed on April 23, 2021, but the Board received actual notice on August 9, 2021, making the decision timely.
From the decision · page 1Preliminarily, we note that the Appeals Board has 60 days from the filing of a petition for reconsideration to act on that petition. (Lab. Code, § 5909.) Defendant's Petition was timely filed on April 23, 2021. However, the Petition did not come to the attention of the Appeals Board until after the expiration of the statutory time period. Consistent with fundamental principles of due process, therefore, and in keeping with common sensibilities, we are persuaded, under these circumstances, that the running of the 60-day statutory period for reviewing and acting upon a petition for reconsideration begins no earlier than the Appeals Board's actual notice of the petition for reconsideration. (See Shipley v. Workers' Comp. Appeals Bd. (1992) 7 Cal.App.4th 1104 [57 Cal.Comp.Cases 493]; State Farm Fire and Casualty v. Workers' Comp. Appeals Bd. (Felts) (1981) 119 Cal.App.3d 193 [46 Cal.Comp.Cases 622].) In this case, the Appeals Board received actual notice of the Petition for Reconsideration on August 9, 2021, making this decision timely.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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