Special Report: California Supreme Court Holds That the Workers' Compensation Appeals Board May Not Equitably Toll Its Own Deadline to Act on Petitions for Reconsideration
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Labor Code § 5909 governs the time within which the WCAB must act on a petition for reconsideration. Under the former version of the statute, a petition for reconsideration "is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date of filing." Under this provision, if a petition for reconsideration is not acted on within the 60-day period, it is deemed denied by operation of law.