Home/Case Law/GUADALUPE MAGALLON DE ALVAREZ vs. ACCOUNTABILITIES, INC. BY TRI-STATE EMPLOYMENT SERVICES, INC., LUMBERMEN'S MUTUAL CASUALTY COMPANY, In Liquidation, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICE, NATIONAL INTERSTATE INSURANCE COMPANY
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GUADALUPE MAGALLON DE ALVAREZ vs. ACCOUNTABILITIES, INC. BY TRI-STATE EMPLOYMENT SERVICES, INC., LUMBERMEN'S MUTUAL CASUALTY COMPANY, In Liquidation, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICE, NATIONAL INTERSTATE INSURANCE COMPANY

Filed: Dec 13, 2017
Oakland
ADJ9984568

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed National Interstate Insurance's petition for reconsideration as it was not a final order. However, the WCAB granted National's petition for removal, rescinding the WCJ's order to transfer claim administration. This was due to National being served incorrectly, lacking proper notice and opportunity to object, which constituted a due process violation. The case is returned to the trial level for a new hearing to determine National's involvement.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed National Interstate Insurance's petition for reconsideration as it was not a final order. However, the WCAB granted National's petition for removal, rescinding the WCJ's order to transfer claim administration. This was due to National being served incorrectly, lacking proper notice and opportunity to object, which constituted a due process violation. The case is returned to the trial level for a new hearing to determine National's involvement.

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GUADALUPE MAGALLON DE ALVAREZ vs. ACCOUNTABILITIES, INC. BY TRI-STATE EMPLOYMENT SERVICES, INC., LUMBERMEN'S MUTUAL CASUALTY COMPANY, In Liquidation, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICE, NATIONAL INTERSTATE INSURANCE COMPANY (2017) – Oakland | CompFox