Home/Case Law/CHRISTINA AVILES vs. SAMUEL HALE, LLC & DIBARA MASONRY, LLC; CLEAR SPRING PROPERTY AND CASUALTY; ARCH INSURANCE
Regular DecisionOpinion and Order Granting Petition for Reconsideration and Decision After Reconsideration

CHRISTINA AVILES vs. SAMUEL HALE, LLC & DIBARA MASONRY, LLC; CLEAR SPRING PROPERTY AND CASUALTY; ARCH INSURANCE

Filed: Oct 10, 2025
Van Nuys
ADJ17726478, ADJ15918108

CompFox AI Summary

Applicant Christina Aviles sought reconsideration of a Findings of Fact and Orders (F&O) issued on July 11, 2025, which dismissed her cumulative injury claim for lack of jurisdiction, asserting a valid collective bargaining and alternative dispute resolution agreement. She argued defendants failed to prove the validity of these agreements. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the F&O, and returned the case for further proceedings. The WCAB found the trial record incomplete due to unresolved objections to evidence and a factual error regarding the workers' compensation carrier. The board also clarified the permissibility of 'notice to produce' in workers' compensation proceedings.

Full Decision Text1 Pages

Applicant Christina Aviles sought reconsideration of a Findings of Fact and Orders (F&O) issued on July 11, 2025, which dismissed her cumulative injury claim for lack of jurisdiction, asserting a valid collective bargaining and alternative dispute resolution agreement. She argued defendants failed to prove the validity of these agreements. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the F&O, and returned the case for further proceedings. The WCAB found the trial record incomplete due to unresolved objections to evidence and a factual error regarding the workers' compensation carrier. The board also clarified the permissibility of 'notice to produce' in workers' compensation proceedings.

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CHRISTINA AVILES vs. SAMUEL HALE, LLC & DIBARA MASONRY, LLC; CLEAR SPRING PROPERTY AND CASUALTY; ARCH INSURANCE (2025) – Van Nuys | CompFox