Pepsi Bottling Group; Old Republic Insurance Company, Administered By Sedgwick Claims Management Services Michael Graham WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL GRAHAM, Applicant,vs.PEPSI BOTTLING GROUP; OLD REPUBLIC INSURANCE COMPANY, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants.Case No. ADJ6706991OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of February 15, 2011, wherein it was found that, while employed as a vending machine installer/delivery person on October 3, 2008, applicant sustained industrial injury to his back, causing permanent disability of 24%. Applicant contends that the WCJ erred in finding permanent disability of only 24%, arguing that the WCJ should have found a higher permanent disability rating based on the September 28, 2010 report of panel qualified medical evaluator Christopher Chen, M.D. and the October 11, 2010 report of primary treating physician Anita W. Roth, M.D. We have received an answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). Preliminarily, we note that the Appeals Board has 60 days from the filing of a petition for reconsideration to act on that petition. (Lab. Code, § 5909.) Here, however, through no fault of petitioner, the timely-filed petition did not come to the attention of the Appeals Board until after the expiration of the statutory time period. Consistent with fundamental principles of due process, therefore, and in keeping with common sensibilities, 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 Appeals Board’s actual notice of the petition. (See Shipley v. Workers’ Comp. Appeals , Bd. (1992) 7 Cal.App.4th 1104 [57 Cal.Comp.Cases 493]; State Farm
