EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Rainbow Construction - DENIAL


The employer did not initiate its appeal by calling the Board until 6 days after the Labor Code 6601 time limit of 15 working days had expired. The Board refused to accept the late appeal and Employer petitioned for reconsideration. The Board denied the petition because it included no explanation for the appeal being filed 6 days late. Employer claimed that an employee of the Board granted it a 6-day extension for filing its appeal, but the employer didn't contact the Board until March 28, 2000 when its appeal was already 6 days late. The letter from the Board employee sent to the employer on March 29, 2000 with the appeal form to be completed and returned says that the Board acknowledges receipt of employer's appeal on March 28, 2000. Assuming the Board employee made a reference to an extension, it could only have applied to the time allowed to the employer to return the completed appeal form.

RAINBOW CONSTRUCTION - Denial - 00-R1D5-9187

November 22, 2000