Bradshaw v. Park

Opinion

STONE (S. J.), P. J.

Donald Park, doing business as Century Auto Body & Painting, appeals from a special judgment (Lab. Code, § 3726) 1 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…