Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, § 5909
A petition for reconsideration is generally denied by operation of law if the Appeals Board does not grant the petition within 60 days after it is filed.
The Board did not act within 60 days, but found the time to act was tolled due to Board error.
From the decision · page 1A petition is generally considered denied by operation of law if the Appeals Board does
not grant the petition within 60 days after it is filed. (Lab. Code, § 5909.) However, we 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 the applicant's petition for
reconsideration because it had not acted on the petition within the statutory time limits of Labor
Code section 5909. This occurred because the Appeals Board had misplaced the file, through no
Cal. Code Regs., tit. 8, § 10961
When a WCJ timely exercises authority under WCAB rule 10961 to rescind a decision, the Petition for Reconsideration is rendered moot and the District Office retains jurisdiction.
The WCJ rescinded the Findings, Orders and Award, making the petition moot.
From the decision · page 1On January 10, 2022, the workers' compensation administrative law judge (WCJ) issued
Findings, Orders and Award in this matter. Thereafter, defendant filed a timely Petition for
Reconsideration on January 18, 2022. Pursuant to his authority under Appeals Board rule 10961,
the WCJ rescinded the Findings, Orders and Award on January 21, 2022. (Cal. Code Regs., tit. 8,
§ 10961.) When a WCJ timely exercises his authority pursuant to WCAB rule 10961, the Petition
for Reconsideration is rendered moot, the District Office retains jurisdiction, and the filing of a
Report and Recommendation on Petition for Reconsideration (Report) is not necessary. However,
in this case, the WCJ issued a Report on January 24, 2022 and transferred jurisdiction to us, thereby
requiring us to act on the Petition for Reconsideration. However, we did not act on the petition
within 60 days of its filing.
Shipley v. Workers' Comp. Appeals Bd. (1992) 7 Cal.App.4th 1104
Due process requires that a party may not be deprived of a substantial right without notice; time to act on a petition is tolled if the Board's failure to act is due to its own error.
The Board's failure to act within 60 days was tolled because it was due to Board error, not the parties.
From the decision · page 1A petition is generally considered denied by operation of law if the Appeals Board does
not grant the petition within 60 days after it is filed. (Lab. Code, § 5909.) However, we 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 the applicant's petition for
reconsideration because it had not acted on the petition within the statutory time limits of Labor
Code section 5909. This occurred because the Appeals Board had misplaced the file, through no