OCCUPATIONAL SAFETY AND HEALTH
Summary of Ziad Boukai – Denial of Petition for Reconsideration
Employer did not appear for its appeal hearing and did not submit a statement of explanation for its failure to appear. The Board issued an Order Dismissing Appeals. Over twelve months later Employer filed a petition for reconsideration indicating that the “meeting” (hearing) was to be rescheduled at Employer’s request due to prior engagements at the time and that Employer was supposed to receive notification by mail of a new hearing date. The last day to file a petition for reconsideration challenging the order was July 4, 2002. The petition for reconsideration filed by Employer over twelve months later on June 13, 2003, was well past the statutory deadline. The requirement that a petition for reconsideration be mailed or delivered to the Appeals Board within 30 days of the issuance of the decision (or order) to be reconsidered is jurisdictional and the Board is without power to enlarge the time for the filing of a petition for reconsideration.
Ziad Boukai, 01-1363 (Word)
Ziad Boukai, 01-1363 (Adobe Acrobat)
August 4, 2003