Home/Case Law/BLANCA ANCHONDO vs. DIANE LIN dba PANORAMA MOTEL, illegally uninsured, and UNINSURED EMPLOYERS BENEFIT TRUST FUND
Regular Decision

BLANCA ANCHONDO vs. DIANE LIN dba PANORAMA MOTEL, illegally uninsured, and UNINSURED EMPLOYERS BENEFIT TRUST FUND

Filed: Sep 24, 2009
ADJ4422874 (VNO 0482500)

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed Blanca Anchondo's petition for reconsideration because she failed to properly serve the Uninsured Employers Benefit Trust Fund, a party in the case. This procedural defect alone is grounds for dismissal under Labor Code section 5905. Even if considered on its merits, the Board would have denied the petition, upholding the Administrative Law Judge's finding that the applicant did not sustain an injury arising out of and in the course of employment. The Board gave significant weight to the judge's credibility determinations.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed Blanca Anchondo's petition for reconsideration because she failed to properly serve the Uninsured Employers Benefit Trust Fund, a party in the case. This procedural defect alone is grounds for dismissal under Labor Code section 5905. Even if considered on its merits, the Board would have denied the petition, upholding the Administrative Law Judge's finding that the applicant did not sustain an injury arising out of and in the course of employment. The Board gave significant weight to the judge's credibility determinations.

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BLANCA ANCHONDO vs. DIANE LIN dba PANORAMA MOTEL, illegally uninsured, and UNINSURED EMPLOYERS BENEFIT TRUST FUND (2009) – | CompFox