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Monthly Archives: September 2026

California Supreme Court Holds Appeals Board May Not “Equitably Toll” Mandatory Deadlines of LC 5909 60-Day Decision Period

September 3, 2026 When a petition for reconsideration is filed by an aggrieved party, Labor Code §5909 states that the Appeals Board must act on the petition within 60 days of the trial judge’s transmittal of the file to the Appeals Board. The Appeals Board has traditionally relied on the holding in Shipley v. WCAB (1992) 7 Cal. App. 4th 1104 to “equitably toll” that timeframe where it fails to act within that 60 days due to some administrative issues […]