Mayor

BACKGROUND

On March 2, 2023, a workers’ compensation administrative law judge (WCJ) issued an award of total permanent disability in favor of Mayor based on an industrial injury he suffered in December 2013 during his employment by Ross Valley. Ross Valley filed a petition for reconsideration with the Board on March 23, 2023. The Board’s electronic filing system, Electronic Adjudication Management System (EAMS), showed it was received the same day. Mayor filed his answer to the petition on April 3, 2023. At the time, former section 5909 stated, “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.” (Stats. 1992, ch. 1226, § 5, p. 5766.) On June 5, 2023, 74 days after Ross Valley filed its petition, Ross Valley wrote to the

2 Board, inquiring about the status of its petition and noting that it had been more than 60 days since Ross Valley had filed it. On July 19, 2023, Mayor requested a hearing to enforce the WCJ’s award. On August 14, 2023, 144 days after Ross Valley filed its petition, the Board issued a document titled, “Opinion and Order Granting Petition for Reconsideration.”2…