Balboa Biltmore Condo, Assoc.; State Farm Fire & Casualty Co. William James Duda WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILLIAM JAMES DUDA, Applicant,vs.BALBOA BILTMORE CONDO. ASSOC.;STATE FARM FIRE & CASUALTY CO., Defendant(s).Case No. ADJ3985755 (VNO 0446885)ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the 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 we adopt and incorporate, we will deny reconsideration. In addition, we note that through no fault of petitioner, his timely-filed petition did not come to the Appeals Board’s attention until after the statutory time limit of 60 days to act on the petition had run (Lab. Code, § 5909). To ensure due process of law under these circumstances, we will consider the petition to have been timely filed on March 22, 2010, when it first came to the Appeals Board’s attention. (See Shipley v. Workers’ Comp. Appeals Bd. (1992) 7 Cal.App.4th 1104 20[57 Cal.Comp.Cases 493]; State Farm Fire and Casualty v. Workers’ Comp. Appeals Bd. (Felts) (1981) 119 Cal.App.3d 193 [46 Cal.Comp.Cases 622].) , For the foregoing reasons,IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________DEIDRA E. LOWEI CONCUR,_________________________________________ALFONSO J. MORESICONCURRING, BUT NOT SIGNING_________________________________________JAMES C. CUNEODATED AND FILED AT SAN FRANCISCO, CALIFORNIAMAY 05 2010SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:WILLIAM DUDAMICHAEL MAGUIRE & ASSOCIATESrrm , CASE NOs. ADJ 3985755 [VNO 446885]WILLIAM J. DUDAv.BALBOA BILTMORE CONDO. ASSOC.;STATE FARM FIRE & CASUALTY CO.DATE OF INJURY: 8/95 TO
