“a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing.”
(Perez, supra, at p. 2, describing former Lab. Code, § 5909.)
“(a) 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 a trial judge transmits a case to the appeals board. (b) (1) When a trial judge transmits a case to the appeals board, the trial judge shall provide notice to the parties of the case and the appeals board. (2) For purposes of paragraph (1), service of the accompanying report, pursuant to subdivision (b) of Section 5900, shall constitute providing notice.”
(Lab. Code, § 5909, as amended eff. July 2, 2024, as quoted in Perez, supra, at p. 2.)
“Under section 5909(a), the Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board.”
(Perez, supra, at p. 3.)
“Transmission is reflected in Events in the Electronic Adjudication Management System (EAMS). Specifically, in Case Events, under Event Description is the phrase “Sent to Recon” and under Additional Information is the phrase “The case is sent to the Recon board.””
(Perez, supra, at p. 3.)
“Section 5909(b)(1) requires that the parties and the Appeals Board be provided with notice of transmission of the case. Transmission of the case to the Appeals Board in EAMS provides notice to the Appeals Board. Thus, the requirement in subdivision (1) ensures that the parties are notified of the accurate date for the commencement of the 60-day period for the Appeals Board to act on a petition. Section 5909(b)(2) provides that service of the Report and Recommendation shall be notice of transmission.”
(Perez, supra, at p. 3.)
“Section 5909(b)(2) provides that service of the Report shall be notice of transmission.”
(Vazquez, supra, at p. 7.)
Cross-references: § 21.3 (effect of a grant); §§ 21.8–21.10 (removal, consolidation, disqualification). Remainder of chapter: reserved.
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