Mira Sepulveda — ADJ10763593

Lien claimant Certified Interpreters Collective Resource petitioned for reconsideration of a WCJ's Order Dismissing Lien issued July 21, 2022. The Appeals Board first addressed the timeliness of its own action under Labor Code section 5909, applying the Shipley doctrine to find its time to act was tolled because it had failed to act within 60 days through no fault of petitioner. However, the Board then determined that the petition itself was untimely filed. Defense counsel served the Order on July 27, 2022 (to an out-of-state address), giving petitioner until August 26, 2022 to file, and even using petitioner's claimed receipt date of August 9, 2022 for defective service, the August 30, 2022 filing was still late. The Board therefore dismissed the petition as untimely.