The Redwoods Group, Inc.; YMCA Of The East Bay and Sedgwick Diahlo Walton WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIAHLO WALTON, Applicant,vs.THE REDWOODS GROUP, INC.; YMCA OFTHE EAST BAY and SEDGWICK, Defendants.Case No. ADJ8363673 (Oakland District Office)ORDER DISMISSING PETITION FOR RECONSIDERATION The Petition for Reconsideration1 of the decision issued on November 27, 2012, has been withdrawn by the petitioner. Therefore, it will be dismissed.///////////////////////////////// 1 The Appeals Board has 60 days within which to act on a petition for reconsideration. (Labor Code section 5909.) Through no fault of its own, defendant’s 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 and common sensibilities, the running of the 60-day statutory was tolled for a reasonable period of time after the Board’s actual notice of defendant’s petition. (Shipley v. Workers’ Comp. Appeals Bd. (1992) 7 Cal.App.4th 1104, 1107 1108 [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, 624].) , For the foregoing reasons, IT IS ORDERED that the petition for reconsideration of the decision of November 27, 2012, be, and the same hereby is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________MARGUERITE SWEENEYI CONCUR,_________________________________________ALFONSO J. MORESI_________________________________________FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIAMAY 06 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.BOXER & GERSONBRADFORD & BARTHELDIAHLO WALTONSEDGWICKYMCA OF THE EAST BAYebc ADJ8363673
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