Cyril Hubbard, Petitioner v. Workers' Compensation Appeals Board of the State of California, Southern California Rapid Transit District, Respondents. OPINION: Applicant, Cyril Hubbard, petitioned this court for a writ of review of an order of the Workers' Compensation Appeals Board (Board) deeming applicant's petition for reconsideration denied by operation of law after applicants case file was lost at the Board. On May 5, 1992, the Board stated that applicant's petition for reconsideration was deemed denied by operation of law. In the present case, applicant's petition was not brought to the Board's attention within the prescribed sixty[-]day period. Accordingly, the present petition must be deemed to have been denied by operation of law pursuant to Labor Code section 5909.

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