Globe Apparel, Inc.; National Liability & Fire Co., C/O Ha T Hawa)Y, Homestate Company Vicente Rodriguez, WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVICENTE RODRIGUEZ, Applicant,vs.GLOBE APPAREL, INC.; NATIONAL LIABILITY & FIRE CO., c/o HA T HAWA)Y, HOMESTATE COMPANY, Defendant(s),vs.JOYCE ALTMAN, INTERPRETERS, Lien Claimant(s).Case No. ADJ4497584 (LBO 0373924)ORDER DENYING ECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents ofthe 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 w’e adopt andincorporate, we will deny reconsideration. We note that the Appeals Board has 60 days from the filing of petition for reconsideration to act on that petition. (I,ab. Code §5909.) Here, however, through no fault of petitioner, the tiincly- filed petition did not come to the attention of the Appeals Board until September 23, 2010, after expiration of the statutory’ time period. Consistent w’ith fundamental principles of due process, w-e are persuaded, under these circumstances, that the running of the 60-day period for reviewing and acting upon a petition for reconsideration begins no earlier that the Appeals Board’s actual notice of the petition. (See Shipley v. Workers’ Comp Appeals Bd. (1992) 7 Cal. App.4u’ 1104, 1107- 1108 157 Cal.Comp. Cases 493); Slate Farm Fire and Casually v. Workers’ Comp. Appeals Bd. (Fells) (1981 119 Cal.App. 3d 193 (146 Cal.Comp.Cases 622, 624].) , For the foregoing reasons,IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________JAMES C. CUNEOI CONCUR,_________________________________________FRANK M. BRASS_________________________________________DEIDRA E. LOWEDATED AND FILED AT SAN FRANCISCO, CALIFORNIAOCT 13 2010SERVICE MADE BY MAIL ON ABOVE DAT
