Summary of John Roza Construction, Inc. – Denial of Petition for Reconsideration

An employee sustained an injury to his left wrist while using a miter saw. Employer’s position was that it was not in violation of section 4307.1(b) because the saw was guarded, and the accident was the result of the employee’s independent conduct. Employer’s allegations in its petition for reconsideration lacked the substance that the Board requires in order to grant relief. The petition contained numerous statements expressing general disagreement with the ALJ’s findings but no specific references to evidence supporting Employer’s position from the record to establish a basis for reversing the ALJ’s decision based upon principles of law. Employer attempted to assert additional facts which had no specific references to evidence from the record but made no showing that the new facts could not, with reasonable diligence, have been discovered and produced at the hearing, and therefore were “new evidence” within the meaning of Labor Code section 6617(d).

John Rosa Construction, Inc., 01-1938 (MS Word)
John Rosa Construction, Inc., 01-1938 (Adobe Acrobat)

June 12, 2003