Home/Case Law/MARIA CERVANTES vs. IKEA HOLDING US, INC., LIBERTY MUTUAL INSURANCE
Regular DecisionReconsideration

MARIA CERVANTES vs. IKEA HOLDING US, INC., LIBERTY MUTUAL INSURANCE

Filed: Apr 26, 2012
Bakersfield
ADJ7683010

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed IKEA's petition for reconsideration because the employer failed to serve lien claimants with the petition. The employer argued the applicant's injury did not arise out of employment under the "going and coming" rule, but this issue was overshadowed by the procedural defect. Furthermore, the Board admonished defense counsel for attaching an irrelevant news article to the petition, which was not part of the official record. Therefore, the petition was dismissed due to improper service and the introduction of extraneous documents.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed IKEA's petition for reconsideration because the employer failed to serve lien claimants with the petition. The employer argued the applicant's injury did not arise out of employment under the "going and coming" rule, but this issue was overshadowed by the procedural defect. Furthermore, the Board admonished defense counsel for attaching an irrelevant news article to the petition, which was not part of the official record. Therefore, the petition was dismissed due to improper service and the introduction of extraneous documents.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.