Home/Case Law/MARIA FUENTES vs. WAKEFIELD ENGINEERING, AIG COSTA MESA, LUMBERMEN'S MUTUAL CASUALTY CO.
Regular DecisionReconsideration

MARIA FUENTES vs. WAKEFIELD ENGINEERING, AIG COSTA MESA, LUMBERMEN'S MUTUAL CASUALTY CO.

Filed: Sep 22, 2009
San Francisco
ADJ3688325 (SBR 0323875) ADJ1445844 (SBR 0323876) ADJ4577184 (SBR 0323877)

CompFox AI Summary

This case involves a defendant seeking reconsideration of an order that reinstated a prior workers' compensation award. The defendant argued the order erroneously reinstated the award after it was dismissed from one of the underlying cases and was not given due process. The Appeals Board dismissed the reconsideration petition, finding the order at issue was not a final order and thus not subject to review under Labor Code section 5900. Furthermore, the Board denied a petition for removal, concluding the defendant failed to demonstrate significant prejudice or irreparable harm, as it remains liable under the joint award and can seek contribution from another insurer.

Full Decision Text1 Pages

This case involves a defendant seeking reconsideration of an order that reinstated a prior workers' compensation award. The defendant argued the order erroneously reinstated the award after it was dismissed from one of the underlying cases and was not given due process. The Appeals Board dismissed the reconsideration petition, finding the order at issue was not a final order and thus not subject to review under Labor Code section 5900. Furthermore, the Board denied a petition for removal, concluding the defendant failed to demonstrate significant prejudice or irreparable harm, as it remains liable under the joint award and can seek contribution from another insurer.

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