Labor Code section 5909
A petition for reconsideration is deemed denied unless the Appeals Board acts within 60 days of filing (Labor Code section 5909).
The time to act on the petition was tolled due to the Appeals Board's procedural error.
From the decision · page 1Labor Code section 5909 provides that a petition for reconsideration is deemed denied
unless the Appeals Board acts on the petition within 60 days of filing. (Lab. Code, § 5909.)
However, "it is a fundamental principle of due process that a party may not be deprived of a
substantial right without notice...." (Shipley v. Workers' Comp. Appeals Bd. (1992) 7 Cal.App.4th
1104, 1108 [57 Cal.Comp.Cases 493].) In Shipley, the Appeals Board denied applicant's petition
for reconsideration because the Appeals Board had not acted on the petition within the statutory
time limits of Labor Code section 5909. The Appeals Board did not act on applicant's petition
because it had misplaced the file, through no fault of the parties. The Court of Appeal reversed
the Appeals Board's decision holding that the time to act on applicant's petition was tolled during
the period that the file was misplaced. (Id. at p. 1108.)
Shipley v. Workers' Comp. Appeals Bd. (1992) 7 Cal.App.4th 1104
Due process requires that a party not be deprived of a substantial right without notice, and the time to act on a petition is tolled if the file is misplaced (Shipley v. Workers' Comp. Appeals Bd. (1992) 7 Cal.App.4th 1104).
The Appeals Board's failure to act within the statutory time was excused due to the misplaced file, tolling the time to act on the petition.
From the decision · page 1Labor Code section 5909 provides that a petition for reconsideration is deemed denied
unless the Appeals Board acts on the petition within 60 days of filing. (Lab. Code, § 5909.)
However, "it is a fundamental principle of due process that a party may not be deprived of a
substantial right without notice...." (Shipley v. Workers' Comp. Appeals Bd. (1992) 7 Cal.App.4th
1104, 1108 [57 Cal.Comp.Cases 493].) In Shipley, the Appeals Board denied applicant's petition
for reconsideration because the Appeals Board had not acted on the petition within the statutory
time limits of Labor Code section 5909. The Appeals Board did not act on applicant's petition
because it had misplaced the file, through no fault of the parties. The Court of Appeal reversed
the Appeals Board's decision holding that the time to act on applicant's petition was tolled during
the period that the file was misplaced. (Id. at p. 1108.)