What the panel ordered
Petition for reconsideration denied.
Petition for reconsideration filed and denied as untimely under amended Labor Code section 5909.
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.
The petition for reconsideration was timely acted upon within 60 days of case transmission to the Appeals Board as required by amended Labor Code section 5909(a).
From the decision · page 2Under section 5909(a), the Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board. Transmission is reflected in Events in the Electronic Adjudication Management System (EAMS). Specifically, in Case Events, under Event Description is the phrase "Sent to Recon" and under Additional Information is the phrase "The case is sent to the Recon board."
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The case was transmitted to the Appeals Board on November 27, 2024, and the petition was acted upon by January 27, 2025, within the 60-day period required by Labor Code section 5909.
Favours Defendant prevailed
This timing satisfied the statutory requirement for timely action on the petition for reconsideration, leading to denial of the petition as untimely.
From the decision · page 2Here, according to Events, the case was transmitted to the Appeals Board on November 27, 2024 and 60 days from the date of transmission is Monday, January 27, 2025. This decision is issued by or on January 27, 2025, so that we have timely acted on the petition as required by section 5909(a).
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
A petition for reconsideration is deemed denied unless acted upon within 60 days from the date a trial judge transmits a case to the appeals board.
The Appeals Board acted on the petition within the 60-day period as required by the statute.
From the decision · page 1I. Preliminarily, we note that former Labor Code1 section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that: (a) A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date a trial judge transmits a case to the appeals board. (b)
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About this page
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