RALPHS GROCERY COMPANY; Permissibly Self-Insured, KAREN STRINGER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN STRINGER, Applicant,vs.RALPHS GROCERY COMPANY; Permissibly Self-Insured, Defendant.Case Nos. ADJ2502147 (VNO 0410195)ADJ2639661 (VNO 0410199)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Second Joint Findings, Award and Order of November 4, 2008, in which the workers’ compensation judge (WCJ) found, in relevant part, that during the period 1980 to April 11, 1999, applicant sustained industrial injury to her hands, wrists, carpal tunnel and low back, that applicant first became permanent and stationary (P&S) on December 27, 2002, that after another period of partial temporary disability beginning April 23, 2003, applicant again became P&S on January 11, 2004, that defendant is entitled to credit against permanent disability for overpayment of temporary disability from December 27, 2002 through March 5, 2003, that defendant is not entitled to credit for overpayment of temporary disability when applicant was temporarily disabled through January 11, 2004, and that defendant is not entitled to credit for the period January 12, 2004 to June 14, 2004. Defendant contends, in substance, that “as a matter of equity, defendant should receive all or some credit for temporary disability benefits made in good faith from January 12, 2004 through June 14, 2004.” We begin by noting that the Appeals Board has 60 days within which to act on a petition for reconsideration. (Labor Code section 5909.) Here, the time for acting on defendant’s petition expired on or about January 25, 2009. However, through no fault of its own, defendant’s ‘petition , did not come to the attention of the Appeals Board until March 27, 2009, after the expiration of the statutory time period. Consistent with fundamental principles of due process and common sensibilities, under the
