47 COR 40-8345 [¶23,075R]
JURISDICTION – PETITION FOR RECONSIDERATION, INTERLOCUTORY Labor Code §§ 6614, 6616 (2020) – Employer’s petition for reconsideration was interlocutory, and the Appeals Board denied it for that reason. OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – TIME AND PLACE OF HEARING, VIDEO HEARINGS Board reg. § 376(d) (2020) – The Appeals Board has authority to hold video hearings. To the extent its rules required a physical location, the governor’s executive order related to the COVID-19 pandemic suspended that requirement. OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – TIME AND PLACE OF HEARING, DUE PROCESS Board reg. § 376.1 (2020) – The Appeals Board rejected Employer’s contention that it had a constitutional right to an in-person administrative hearing. The Board concluded a video/electronic hearing provided the parties sufficient due process in the administrative context.Digest of COSHAB’s Denial of Petition for Reconsideration dated November 24, 2020, Inspection No. 1436014.
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