Jerry Thomas — ADJ9662282

Defendant City of Los Angeles, permissibly self-insured and administered by Acclamation Integrated Management Systems, filed a timely Petition for Reconsideration on January 7, 2021, challenging a WCJ's Findings, Award & Order issued December 28, 2020. Although Labor Code section 5909 provides that a petition is deemed denied if the Appeals Board fails to act within 60 days, the Board failed to act due to a procedural error. Relying on Shipley v. WCAB, the Board held its time to act was tolled because the failure to act resulted from the system's inadequacy rather than fault of the parties. Defendant subsequently withdrew its Petition for Reconsideration. The Board therefore dismissed the Petition.