Malloy

Petitioner (applicant) seeks review of an opinion and order of respondent Workers’ Compensation Appeals Board (Board), We shall hold that a petition for writ of review filed more than 45 days after the Board’s denial of reconsideration is jurisdictionally untimely. Accordingly, we shall dismiss the instant petition.

Labor Code section 5950 provides in pertinent part, “The application for writ of review must be made within 45 days after a petition for reconsideration is denied, or, if a petition is granted or reconsideration is had on the appeal board’s own motion, within 45 days after the filing of the order, decision, or award following reconsideration.” In Villa v. Workers’ Comp. Appeals Bd. (1984) 156 Cal.App.3d 1076 [ 156 Cal.App.3d 1076 ], the Court of Appeal (Second Dist., Div. Six) held the time to file a petition for writ of review runs from the date the decision denying reconsideration is served and is therefore extended pursuant to Code of Civil Procedure section 1013 where service is by mail. (See also, Postural Therapeutics v. Workers’ Comp. Appeals Bd. (1986) 179 Cal.App.3d 551, 554, fn. 4 [ 224 Cal.Rptr. 860 ]; and Hinkle v. Workers’ Comp. Appeals Bd.…