Home/Case Law/JAMES CARTER (Deceased) EVELYN CARTER (Widow) vs. SUBURBAN STEEL, INC.; FRESNO FAB TECH; REM; and CIGA for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation
Regular DecisionWorkers' Compensation

JAMES CARTER (Deceased) EVELYN CARTER (Widow) vs. SUBURBAN STEEL, INC.; FRESNO FAB TECH; REM; and CIGA for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation

Filed: Apr 23, 2012
ADJ1150041 (FRE 0244995)

CompFox AI Summary

The Applicant seeks reconsideration of the denial of her deceased husband's workers' compensation claim, arguing that the medical evidence is insufficient and biased. The Appeals Board dismissed her petition, finding it to be a successive petition challenging a prior denial, which is not permitted. Furthermore, her petition for removal to disqualify the judge was dismissed for failing to meet procedural requirements. The Board upheld the original finding that the cancer and death did not arise out of employment, relying on the well-reasoned medical opinion of Dr. O'Neill.

Full Decision Text1 Pages

The Applicant seeks reconsideration of the denial of her deceased husband's workers' compensation claim, arguing that the medical evidence is insufficient and biased. The Appeals Board dismissed her petition, finding it to be a successive petition challenging a prior denial, which is not permitted. Furthermore, her petition for removal to disqualify the judge was dismissed for failing to meet procedural requirements. The Board upheld the original finding that the cancer and death did not arise out of employment, relying on the well-reasoned medical opinion of Dr. O'Neill.

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JAMES CARTER (Deceased) EVELYN CARTER (Widow) vs. SUBURBAN STEEL, INC.; FRESNO FAB TECH; REM; and CIGA for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation (2012) – | CompFox