Home/Case Law/CRIS ARANDA vs. MORTIMER & WALLACE, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND, STATE NATIONAL INSURANCE COMPANY, INC., STATE COMPENSATION INSURANCE FUND, INSURANCE COMPANY OF THE WEST, ICW GROUP INSURANCE COMPANIES
Regular DecisionReconsideration

CRIS ARANDA vs. MORTIMER & WALLACE, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND, STATE NATIONAL INSURANCE COMPANY, INC., STATE COMPENSATION INSURANCE FUND, INSURANCE COMPANY OF THE WEST, ICW GROUP INSURANCE COMPANIES

Filed: Jun 18, 2015
Van Nuys
ADJ9687683

CompFox AI Summary

The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, rescinding the prior order that required reimbursement for applicant's deposition costs. The Board found that the employer was denied due process as they received no notice or opportunity to be heard before the order was issued. The case was returned to the trial level for further proceedings, allowing the employer to present arguments regarding alleged fraudulent statements made by the applicant during the deposition. This is permissible when the alleged deceit directly concerns the claim of injury itself.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, rescinding the prior order that required reimbursement for applicant's deposition costs. The Board found that the employer was denied due process as they received no notice or opportunity to be heard before the order was issued. The case was returned to the trial level for further proceedings, allowing the employer to present arguments regarding alleged fraudulent statements made by the applicant during the deposition. This is permissible when the alleged deceit directly concerns the claim of injury itself.

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CRIS ARANDA vs. MORTIMER & WALLACE, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND, STATE NATIONAL INSURANCE COMPANY, INC., STATE COMPENSATION INSURANCE FUND, INSURANCE COMPANY OF THE WEST, ICW GROUP INSURANCE COMPANIES (2015) – Van Nuys | CompFox