What the panel ordered
Vacate Opinion and Order Granting Petition for Reconsideration issued on January 3, 2022; Dismiss Petition for Reconsideration
Petition for Removal withdrawn while matter was pending on reconsideration; decision after reconsideration vacates grant of reconsideration and dismisses Petition for Removal
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 Appeals Board's failure to act within statutory time limits was due to misplaced file, tolling the time to act on the petition for reconsideration; therefore, the petition was properly dismissed as untimely.
From the decision · page 1Labor Code section 59091 provides that a petition for reconsideration is deemed denied unless the Appeals Board acts on the petition within 60 days of filing. Section 5315 provides for a 60 day period for the Appeals Board to confirm, adopt, modify or set aside the findings, order, decision or award of a workers' compensation administrative law judge. (Lab. Code, § 5315.) Here, defendant filed its petition on February 12, 2021, and we issued an Opinion and Order Granting Petition for Reconsideration on January 3, 2022.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The Appeals Board misplaced the file, causing delay in acting on the petition for reconsideration.
Favours Applicant prevailed
This excused the delay and tolled the statutory time limit, leading to dismissal of the petition.
From the decision · page 1We believe that "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 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 and held that the time to act on applicant's petition was
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 of filing (Lab. Code, 5909)
The Appeals Board did not act within 60 days but the time was tolled due to misplaced file.
From the decision · page 1Labor Code section 59091 provides that a petition for reconsideration is deemed denied unless the Appeals Board acts on the petition within 60 days of filing. Section 5315 provides for a 60 day period for the Appeals Board to confirm, adopt, modify or set aside the findings, order, decision or award of a workers' compensation administrative law judge. (Lab. Code, § 5315.) Here, defendant filed its petition on February 12, 2021, and we issued an Opinion and Order Granting Petition for Reconsideration on January 3, 2022.
Labor Code section 5315
The Appeals Board has 60 days to confirm, adopt, modify or set aside findings or decisions (Lab. Code, 5315)
The Appeals Board's time to act was tolled due to misplaced file, excusing delay.
From the decision · page 1Labor Code section 59091 provides that a petition for reconsideration is deemed denied unless the Appeals Board acts on the petition within 60 days of filing. Section 5315 provides for a 60 day period for the Appeals Board to confirm, adopt, modify or set aside the findings, order, decision or award of a workers' compensation administrative law judge. (Lab. Code, § 5315.) Here, defendant filed its petition on February 12, 2021, and we issued an Opinion and Order Granting Petition for Reconsideration on January 3, 2022.
What proof carried it
The evidence the panel weighed, by kind.
Appeals Board misplaced the file, causing delay in acting on petition for reconsideration
From the decision · page 1We believe that "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 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 and held that the time to act on applicant's petition was
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
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.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
- Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
- If you are named in this decision and want this page removed, write to privacy@similarcase.com.