Home/Case Law/OMAR AREVALO vs. RAUL FLORES dba FLORES GARDENING
Regular DecisionRemoval

OMAR AREVALO vs. RAUL FLORES dba FLORES GARDENING

Filed: Jan 29, 2020
San Francisco
ADJ11504432

CompFox AI Summary

The Appeals Board dismissed the applicant's petition for reconsideration as the order was not final. However, the Board granted the applicant's petition for removal, rescinding the administrative law judge's order to take the case off calendar. This decision was based on the finding that the illegally uninsured employer made a general appearance at the mandatory settlement conference, thereby allowing for the joinder of the Uninsured Employers Benefits Trust Fund (UEBTF). The Board emphasized that a general appearance is sufficient to establish jurisdiction over the employer and join the UEBTF.

Full Decision Text1 Pages

The Appeals Board dismissed the applicant's petition for reconsideration as the order was not final. However, the Board granted the applicant's petition for removal, rescinding the administrative law judge's order to take the case off calendar. This decision was based on the finding that the illegally uninsured employer made a general appearance at the mandatory settlement conference, thereby allowing for the joinder of the Uninsured Employers Benefits Trust Fund (UEBTF). The Board emphasized that a general appearance is sufficient to establish jurisdiction over the employer and join the UEBTF.

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