Executive Summary

Occupational Safety and Health Appeals Board

Summary of Johnny’s Automotive – Decision After Reconsideration

Employer had been held not to be an “employer” under applicable California law by a Worker’s Compensation Administrative Law Judge.  The Appeals Board held that the Division was collaterally estopped from citing Employer, as the definition of “employer” in the California Occupational Safety and Health Act is the same as that in the California Worker’s Compensation Act; and the enforcement agencies under those two acts are both parts of the California Department of Industrial Relations.

JOHNNY’S AUTOMOTIVE, 05-4076 (Adobe Acrobat)

February 13, 2008