EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of JMC Building Service – Denial of Petition for Reconsideration

The Division amended the charges and Employer withdrew its appeals at the prehearing conference, and the ALJ issued a disposition order. Employer petitioned for reconsideration alleging that another Employer was responsible for the violations and that it had just learned of the bad impact that withdrawing its appeals had on its insurance rates and reputation. The Board finds that the petition fails to allege any of the Labor Code section 6617 grounds for reconsideration and denies the petition. The Board states that Employer appears not to have been prepared to participate in the prehearing conference but failure to prepare is not a ground for reconsideration, citing Timothy J. Kock 01-9135, and that rewarding unprepared litigants and those who change their minds upon learning of the adverse impact of a disposition would diminish the integrity of the appeals process.

J.M.C. Building Service, 02-009
September 10, 2002