Ventura Coastal, LLC v. Occupational Safety & Health Appeals BoardAnnotate this Case
After the Division issued a citation to an employer, the citation was upheld by the hearing officer and, on reconsideration, by the Occupational Safety and Health Appeals Board. The employer then filed a second petition for reconsideration by the Board, then filed a petition for writ of mandate in the trial court. On the Board's motion for judgment on the pleadings, the trial court dismissed the writ petition, finding it was not timely filed.
The Court of Appeal held that filing a second petition for reconsideration was not permitted when the employer was not newly aggrieved by the decision after the first reconsideration, and the petition for writ of mandate was not timely filed after the Board's decision after the first reconsideration. However, in light of the recent decision in Saint Francis Memorial Hospital v. State Dept. of Public Health (2020) 9 Cal.5th 710 (Saint Francis), the court concluded that the time limitation for filing the writ petition is subject to equitable tolling, and the employer should have been allowed to amend its petition to allege facts supporting application of that doctrine. Accordingly, the court reversed the judgment and remanded with directions.