Clavell

—Defendants North Coast Business Park and Michael I. Crain (together North Coast) appeal a judgment confirming a Labor Commissioner’s award in favor of plaintiff Vickie J. Clavell after the superior court denied as untimely North Coast’s request for a trial de novo. The sole issue on appeal is whether the 1988 amendment to Labor Code section 98.2 allows an additional five days to request a trial de novo after service by mail of an adverse award by the Labor Commissioner. We conclude it does and accordingly reverse the judgment.

Procedural Background

Clavell filed a wage claim with the Labor Commissioner seeking to recover unpaid wages and commissions allegedly owed as a result of her former employment as North Coast’s onsite property manager. Settlement negotiations were unsuccessful and a formal hearing was scheduled for November 22, 1989. When North Coast failed to appear at the hearing, a default was entered in favor of Clavell for $32,184.39. On December 6, 1989, Clavell served North Coast by ordinary first class mail a copy of the Labor Commissioner’s award and notice of payment due. The award contained the following notice:

North Coast filed a request for a trial…