Home/Case Law/JOSHUA INGMAN vs. GRANT'S BOBCAT AND HAULING, R4CORPORATION, INC., LABOR READY, CITY OF SACRAMENTO, UNINSURED EMPLOYERS BENEFITS TRUST FUND, CASTLEPOINT NATIONAL INSURANCE, NEW HAMPSHIRE INSURANCE COMPANY
Regular DecisionWorkers' Compensation

JOSHUA INGMAN vs. GRANT'S BOBCAT AND HAULING, R4CORPORATION, INC., LABOR READY, CITY OF SACRAMENTO, UNINSURED EMPLOYERS BENEFITS TRUST FUND, CASTLEPOINT NATIONAL INSURANCE, NEW HAMPSHIRE INSURANCE COMPANY

Filed: Apr 07, 2014
Sacramento
ADJ7125024

CompFox AI Summary

The Workers' Compensation Appeals Board denied the Uninsured Employers Benefit Trust Fund's (UEBTF) Petition for Removal. The Board found that the UEBTF failed to demonstrate substantial prejudice or irreparable harm from the WCJ's decision. Furthermore, the Board noted that reconsideration would be an adequate remedy if an adverse decision ultimately issued. Given the significant delay in the applicant receiving benefits, the ongoing insurance coverage arbitration, and the UEBTF's available remedies for recovery, removal was deemed an inappropriate extraordinary remedy.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the Uninsured Employers Benefit Trust Fund's (UEBTF) Petition for Removal. The Board found that the UEBTF failed to demonstrate substantial prejudice or irreparable harm from the WCJ's decision. Furthermore, the Board noted that reconsideration would be an adequate remedy if an adverse decision ultimately issued. Given the significant delay in the applicant receiving benefits, the ongoing insurance coverage arbitration, and the UEBTF's available remedies for recovery, removal was deemed an inappropriate extraordinary remedy.

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JOSHUA INGMAN vs. GRANT'S BOBCAT AND HAULING, R4CORPORATION, INC., LABOR READY, CITY OF SACRAMENTO, UNINSURED EMPLOYERS BENEFITS TRUST FUND, CASTLEPOINT NATIONAL INSURANCE, NEW HAMPSHIRE INSURANCE COMPANY (2014) – Sacramento | CompFox