What the panel ordered
Vacate Opinion and Order Granting Petition for Reconsideration issued on January 3, 2022; Dismiss Petition for Reconsideration
Petition for Removal withdrawn while matter was pending on reconsideration; decision after reconsideration vacates grant of reconsideration and dismisses Petition for Removal
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board's failure to act within statutory time limits was due to misplaced file, tolling the time to act on the petition for reconsideration; therefore, the petition was properly dismissed as untimely.
From the decision · page 1Labor Code section 59091 provides that a petition for reconsideration is deemed denied unless the Appeals Board acts on the petition within 60 days of filing. Section 5315 provides for a 60 day period for the Appeals Board to confirm, adopt, modify or set aside the findings, order, decision or award of a workers' compensation administrative law judge. (Lab. Code, § 5315.) Here, defendant filed its petition on February 12, 2021, and we issued an Opinion and Order Granting Petition for Reconsideration on January 3, 2022.