Department of Industrial Relations v. Atlantic Baking Co.

Summary

This case addresses whether the 45-day period specified in Labor Code section 3725 for filing a petition for writ of mandate from an order of the Labor Commissioner is extended five days under the provisions of Code of Civil Procedure section 1013. We conclude that section 1013 does not apply to the jurisdictional time limit for filing a writ petition from a commissioner’s order.

Factual and Procedural Background

This case arises out of a citation by the Labor Commissioner issued to Atlantic Baking Company, Inc., for failing to provide workers’ compensation insurance coverage to its employees.

A. Proceedings before Labor Commissioner

A Labor Commissioner investigator conducted an inspection of Atlantic Baking Company’s place of business on March 24, 1999. The investigator found Atlantic did not have in effect a policy of workers’ compensation insurance covering its 18 employees as required by Labor Code section 3700. The Labor Commissioner issued a citation and assessed a penalty of $1,000 against Atlantic for each of the 18 employees.

Atlantic requested a formal hearing before the Labor Commissioner regarding the citation and penalty. At the hearing,…