Bragg Crane and Rigging v. Cal. Occ. Safety and Health Appeals Bd.

Filed 7/12/06 Bragg Crane and Rigging v. Cal. Occ. Safety and Health Appeals Bd. CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from a judgment of the Superior Court of Los Angeles County. Dzintra Janavs, Judge. Affirmed.

Atkinson, Andelson, Loya, Ruud & Romo, Eugene F. McMenamin and Christopher S. Andre for Plaintiff and Appellant.

James A. Madden, Jr. and J. Jeffrey Mojcher for Defendant and Respondent California Occupational Safety and Health Appeals Board.

_____________________________

SUMMARY

The issue in this case is whether the 30-day period specified in Labor Code section 6627 for filing a petition for writ of mandate from an order of the Occupational Safety and Health Appeals Board is extended five days pursuant to Code of Civil Procedure section 1013 where the order is served by mail. Because the time for filing is not triggered by the service of the order, but rather from its filing, we find that the jurisdictional time limit for filing such a writ petition is not extended in the case of service by mail.

FACTUAL AND PROCEDURAL SYNOPSIS

Raymond Corder, an employee of Bragg Crane & Rigging Company, was killed while working at a Bragg construction site. After a safety compliance officer with the Division of Occupational Safety and Health conducted an accident investigation, the Division issued a citation to Bragg and imposed a $14,400 penalty, finding Bragg had committed a â€