Bradshaw

Donald Park, doing business as Century Auto Body & Painting, appeals from a special judgment (Lab. Code, § 3726) assessing a penalty of $2,000 against him for failure to obtain workers’ compensation insurance in violation of section 3700. He challenges the constitutionality of the statutory scheme and in particular section 3726 which, he contends, violates the separation of powers doctrine, due process, and principle of check. He claims that the Legislature encroached upon the judicial branch of government by permitting a “lay person”—the Labor Commissioner—to order any clerk of any superior court to enter a court judgment. He further claims that the Director of Industrial Relations’ powers to order continued payment to nonworking employees as well as to order penalty assessments without adequate prior judicial review are self-enforceable judgments which violate the judicial powers clause, thus violating the “principle of check.” We conclude that entry of judgment against him does not offend any constitutional principles and affirm the judgment.

Facts

The record reveals that the Labor Commissioner, who is the authorized delegee of the Director of Industrial Relations,…