Leo's Associates Inc. v. Department of Industrial Relations

Good Law
120 Cal. App. 4th 628·15 Cal. Rptr. 3d 594·2004 Cal. App. LEXIS 1099·2004 Daily Journal DAR 8434·69 Cal. Comp. Cases 697
Court of Appeal of CaliforniaJuly 12, 2004B166088California1,002 words

Opinion

Opinion

Epstein, J.

Leo’s Associates, Inc., appeals from a judgment denying its petition for writ of mandamus, filed under California Code of Civil Procedure section 1094.5. It challenges the imposition of penalties by the Department of Industrial Relations, Division of Labor Standards Enforcement (the Division) for failure to have workers’ compensation insurance coverage in force on a particular date. The policy had lapsed before that date and had not been reinstated at that time. It was subsequently reinstated retroactive to the date of lapse. It is appellant’s position, in the trial court and in this court, that because of this reinstatement, the penalties should have been set aside. The trial court took a different view, as do we. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

At about midnight on Friday, January 26, 2001, Deputy Labor Commissioner William Egan of the Division conducted an inspection at a business owned by appellant Leo’s Associates. Egan asked to see proof of workers’ compensation insurance in force, as required by Labor Code section 3700. Mr. Dean Gettleson, the owner of Leo’s Associates, was not able to provide proof of coverage. Pursuant to Labor Code sections 3710.1…

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