42 COR 40-7251 [¶22,479R]
DEFENSES – INDEPENDENT EMPLOYEE ACTION (IEAD)
The Board rejected Employer’s contention that it that it did not have adequate notice of what “supervisor” means in the context of the IEAD. The injured foreman had responsibility for the safety of other employees. The supervisor exception to the IEAD applied, and the defense was unavailable to Employer.
APPEAL PROCEEDINGS – TIMELY DECISION
Board reg. § 385, Labor Code § 6609 (2015) – The ALJ properly exercised authority to extend the time to issue a decision. Labor Code §6609 does not establish a mandatory time in which a decision must be issued. Here, the passage of time did not cause a loss of information.