Department Of Corrections, State Of California; State Compensation Insurance Fund Jerome Lackner, Deceased WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEROME LACKNER, Deceased, Applicant,vs.DEPARTMENT OF CORRECTIONS, STATEOF CALIFORNIA; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ3888750 (SAC 0277341)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of our April 20, 2012 Opinion And Order Granting Petition For Reconsideration And Decision After Reconsideration (Decision) wherein we granted applicant’s petition for reconsideration of the January 30, 2012 Findings and Order of the workers’ compensation administrative law judge (WCJ), who found in pertinent part that applicant, now deceased, did not suffer new and further temporary total disability before November 5, 2003, and was not temporarily totally disabled from July 15, 2003 through July 9, 2010.1 In our April 20, 2012 Decision we affirmed the WCJ’s January 20, 2012 decision in part and rescinded it in part by issuing a new finding of temporary total disability for the period from July 13, 2003 through October 8, 2004, with credit to defendant for temporary disability indemnity paid during that period. Applicant’s claim of industrial injury to his low back, right leg and left knee while working for defendant as a physician on November 5, 1998, was earlier addressed by entry of a stipulated award of 46% permanent disability and future medical treatment, as approved by the WCJ on October 7, 2002. 1 Ordinarily, the passage of 60 days from the date of filing of a petition for reconsideration without action by the Appeals Board would act as a denial of the petition by operation of law. (Lab. Code, § 5909.) However, the delay in addressing defendant’s May 9, 2012 petition in this case was apparently caused by delay of its placement into EAMS, and that should not affect defendant’s due process right to have the petition considered on
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