Home/Case Law/ALAN LIVHITS vs. DEPENDABLE CARE TRANSPORTATION, AVIZENT, CALIFORNIA INSURANCE COMPANY
Regular DecisionReconsideration

ALAN LIVHITS vs. DEPENDABLE CARE TRANSPORTATION, AVIZENT, CALIFORNIA INSURANCE COMPANY

Filed: Sep 25, 2012
Van Nuys
ADJ7959316

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Praetorian Insurance Corporation for lack of coverage. The applicant, who claimed cumulative injury from a stroke, argued that insurance coverage disputes must be arbitrated per Labor Code section 5275. The WCAB found that Praetorian's prior defense of the claim and its involvement with agreed medical examiners warranted further proceedings. Therefore, the WCAB rescinded the dismissal order and returned the case to the trial level for arbitration of the coverage dispute.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Praetorian Insurance Corporation for lack of coverage. The applicant, who claimed cumulative injury from a stroke, argued that insurance coverage disputes must be arbitrated per Labor Code section 5275. The WCAB found that Praetorian's prior defense of the claim and its involvement with agreed medical examiners warranted further proceedings. Therefore, the WCAB rescinded the dismissal order and returned the case to the trial level for arbitration of the coverage dispute.

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