NEIMAN MARCUS; LIBERTY MUTUAL INSURANCE COMPANY, DONNA SMITH, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONNA SMITH, Applicant,vs.NEIMAN MARCUS; LIBERTY MUTUAL INSURANCE COMPANY, Defendant(s).Case No. ADJ3423900 (ANA 0320773)ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We note that the applicant’s Petition for Reconsideration was timely filed on May 11, 2009. Here, however, through no fault of petition, the timely-filed petition did not come to the attention of the Appeals Board until after expiration of the statutory 60-day time period. (Lab. Code §5909.) Consistent with fundamental principles of due process, we are persuaded, under these circumstances, that the running of the 60-day statutory period for reviewing and acting upon a petition for reconsideration begins no earlier than the Appeal’s Board’s actual notice of the petition. (See Shipley v. Workers’ Comp. Appeals Bd. (1992) 7 Cal.App.4th 1104, 1107-1108 [57 Cal.Comp.Cases 493]; State Fann Fire and Casualty v. Workers’ Comp. Appeals Bd. (Felts) (1981 119 Cal.App.3d 193 [a46 Cal.Comp.Cases 622, 624])//////////// , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED. WORKERS’COMPENSATION APPEALS BOARD _______________________________ FRANK M. BRASSI CONCUR, _______________________________ GREGORY G. AGHAZARIAN__________________________
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