Jorge Negrete — ADJ13689694

The WCAB addressed a defendant's petition for reconsideration filed July 22, 2021, challenging the WCJ's July 7, 2021 decision. The Board first explained that although Labor Code section 5909 generally deems a petition denied if not acted upon within 60 days, the Shipley due process exception tolled the time limit when the Board failed to timely act through no fault of the parties. While the matter was pending on reconsideration, the parties reached a proposed settlement. Because the District Office cannot act on a case pending reconsideration under CCR section 10961, the Board rescinded the WCJ's decision and returned the matter to the trial level so the WCJ could review the proposed settlement. The Board emphasized this was not a final decision on the merits of any pending issue.