EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Hoffmeyer Company, Inc. – Denial of Petition for Reconsideration

An order dismissing Employer’s appeal was issued on March 18, 2003 because Employer’s case had been closed for six years before they requested that it be reopened. The last day to file a petition for reconsideration challenging the order was April 22, 2003. The petition for reconsideration filed by Employer almost two months later on June 23, 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.

Hoffmeyer Company, Inc., 03-9044 (MS Word)
Hoffmeyer Company, Inc., 03-9044 (Adobe Acrobat)

August 12, 2003