EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of P & L Marble (West), Inc. – Denial of Petition for Reconsideration

Employer agreed to a settlement of its case at a prehearing conference that was to include a penalty payment plan if Employer sent the ALJ documents supporting its need for the plan within 30 days. Employer did not submit the documentary proof of its need for a payment plan within 30 days and the ALJ issued an order denying the payment plan and disposing of the case based on all of the other terms that had been agreed to at the prehearing conference. Employer petitioned for reconsideration of the order, alleging newly discovered evidence and excusable neglect in submitting the financial documents late. The petition was denied by the Board because the allegations in the petition were not “specific and detailed” (Labor Code section 6616) and there was no showing that Employer exercised sufficient care to submit the documents on time. The Board added that “there must be a sufficient showing” of the need for a payment plan before it is allowed.

P & L MARBLE (WEST), INC. 01-3212
January 9, 2003