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Jorge Loera (deceased), vs. Hunter Woodworks, Inc.; Travelers Insurance,

Hunter Woodworks, Inc.; Travelers Insurance, Jorge Loera (Deceased), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJORGE LOERA (deceased),Applicant,vs.HUNTER WOODWORKS, INC.; TRAVELERS INSURANCE,Defendants.Case No. ADJ9328668(Marina Del Rey District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Applicant seeks reconsideration of the November 2, 2016 Findings and Order on Petition for Serious and Willful Misconduct (F&O), wherein the workers’ compensation administrative law judge (WCJ) found that there was no serious and willful misconduct by applicant’s employer.            Applicant contends that the WCJ erred in finding that there was no serious and willful misconduct by applicant’s employer.            We have reviewed defendant’s Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition for Reconsideration (Petition) be denied.            We have considered the Petition, the Answer, and the contents of the Report, and we have reviewed the record in this matter. For the reasons expressed by the WCJ in his Report, which we adopt and incorporate, and for the reasons discussed below, we will deny applicant’s Petition.            As an initial matter, we note that the Appeals Board has 60 days from the filing of a petition for reconsideration to act on that petition, in that a petition for reconsideration is deemed to have been denied by the Appeals Board unless it is acted on within 60 days from the date of the filing of that petition. (Lab. Code, § 5909.) Here, we did not act on applicant’s Petition for Reconsideration within this timeframe because the Petition for Reconsideration was not brought to our attention until it the WCJ issued his Report on March 29, 2017. However, “it is a fundamental principle of due process that a party , may not be deprived of a substantial right without notice …. ” (Shipley v. Workers’ Comp. Appeals Bd (1992) 7 Cal.App.4th 1104

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