Foster Lumber Yard, Hartford Fire Insurance Company, Administeredby Sedgwick Cms A.K.A. Sedgwick Sacramento James Fredrickson WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES FREDRICKSON, Applicant,vs.FOSTER LUMBER YARD, HARTFORD FIRE INSURANCE COMPANY, administeredBy SEDGWICK CMS a.k.a. SEDGWICK SACRAMENTO, Defendant(s).Case No. ADJ1760143ORDER 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. In addition, we note that through no fault of petitioner, its timely-filed petition for reconsideration did not come to the Appeals Board’s attention until after the statutory time limit of 60 days to act on the petition had run (Lab. Code, § 5909). To ensure due process of law under these circumstances, wc will consider the petition to have been timely filed on July 22. 2010, when it first came to the Appeals Board’s attention (See Shipley v. WCAB (1992) 7 Cal.App.4th 1104 [57 Cal.Comp.Cases 493J; State Farm Fire and Casualty v. WCAB (Fells) (1981) 119 Cal.App.3d 193 [46 Cal.Comp.Cases 622)). , For the foregoing reasons,IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________DEIDRA E. LOWEI CONCUR,________________________________________FRANK M. BRASS________________________________________JAMES C. CUNEODATED AND FILED AT SAN FRANCISCO. CALIFORNIAAUG1 2010SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.LA W OFFICE OF LAWRENCE 0. EITZENHANNA, BROPHY, MACLEAN, MCALEER & JENSENMULLEN & FILIPPIJAMES FREDRICKSONebc ADJ1760143
