Home/Case Law/MARTHA GONZALEZ vs. ANGELICA CORPORATION, CALIFORNIA, INSURANCE GUARANTEE ASSOCIATION, FOR LUMBERMAN’S MUTUAL CASUALTY INSURANCE, IN LIQUIDATION, BY ITS SERVICING FACILITY, TRISTAR RISK MANAGEMENT, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES
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MARTHA GONZALEZ vs. ANGELICA CORPORATION, CALIFORNIA, INSURANCE GUARANTEE ASSOCIATION, FOR LUMBERMAN’S MUTUAL CASUALTY INSURANCE, IN LIQUIDATION, BY ITS SERVICING FACILITY, TRISTAR RISK MANAGEMENT, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

Filed: Nov 01, 2019
ADJ3992748 (SDO 0319279)

CompFox AI Summary

Defendant California Insurance Guarantee Association sought reconsideration of an order dismissing it from a workers' compensation case, arguing excusable neglect and mutual mistake regarding reimbursement amounts. The Appeals Board dismissed the petition as premature, as no evidence was taken to support the defendant's claims of a mistake in the stipulation. The matter is returned to the trial level to allow the WCJ to hold a hearing on the defendant's petition to set aside the order. This ensures due process and a proper evidentiary record before any final determination.

Full Decision Text1 Pages

Defendant California Insurance Guarantee Association sought reconsideration of an order dismissing it from a workers' compensation case, arguing excusable neglect and mutual mistake regarding reimbursement amounts. The Appeals Board dismissed the petition as premature, as no evidence was taken to support the defendant's claims of a mistake in the stipulation. The matter is returned to the trial level to allow the WCJ to hold a hearing on the defendant's petition to set aside the order. This ensures due process and a proper evidentiary record before any final determination.

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MARTHA GONZALEZ vs. ANGELICA CORPORATION, CALIFORNIA, INSURANCE GUARANTEE ASSOCIATION, FOR LUMBERMAN’S MUTUAL CASUALTY INSURANCE, IN LIQUIDATION, BY ITS SERVICING FACILITY, TRISTAR RISK MANAGEMENT, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES (2019) – | CompFox