UNION ASPHALT, INC.; THE TRAVELERS INSURANCE, MARTIN MURGUIA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTIN MURGUIA, Applicant.,vs.UNION ASPHALT, INC.; THE TRAVELERSINSURANCE, Defendant(s).Case No. ADJ1992658 (LAO 0886877)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING REMOVAL Defendant Union Asphalt Construction, applicant’s employer at the time of his injury (hereafter “defendant” or “petitioner”),1 seeks reconsideration of the August 1, 2008 “Order Denying Change of Venue” issued by a workers’ compensation administrative law judge (WCJ). In that decision, the WCJ denied defendant’s request for a change of venue from the Los Angeles District Office because there was an insufficient showing of good cause and because the proposed new venue in the Grover Beach District Office was inappropriate as it was neither in the county where applicant resided nor the county where the injury occurred. Preliminarily, we note that the Appeals Board has 60 days from the filing of a petition for reconsideration to act on that petition pursuant to Labor Code section 5909.2 Defendant filed a timely Petition for Reconsideration on September 30, 2008.3 Through no fault of defendant, 1Applicant has filed a Labor Code section 132a clam against his employer for alleged discrimination. The employer is represented by separate counsel on this claim.2All further statutory references are to the Labor Code unless otherwise stated.3With respect to timeliness, we note that section 5903 provides that petitions for reconsideration must be filed within 20 days after service of the order contested, with an additional 5 days allowed where the decision has been served by mail upon a party at an address in California. (Lab. Code, §§ 5900, subd. (a), 5903, 5316; Cal. Code Regs, tit. 8, § 10507; Code Civ. Proc., § 1013.) Also, a similar requirement for timely filings applies to petitions seeking removal. (Cal. Code Regs., tit. 8, § 10843.) However
