Home/Case Law/Robert Lesh vs. Drake Office Overload, CIGA for RELIANCE, USF DISTRIBUTION, GALLAGHER BASSETT SERVICES
Regular DecisionReconsideration

Robert Lesh vs. Drake Office Overload, CIGA for RELIANCE, USF DISTRIBUTION, GALLAGHER BASSETT SERVICES

Filed: Jul 21, 2010
ADJ1414313 (LAO 0781721)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) rescinded the original award and returned the case to the trial level for further proceedings due to insufficient evidence. Specifically, the WCAB found a lack of conclusive evidence supporting the general/special employment relationship between Drake Office Overload and USF Distribution. Additionally, the WCAB determined that the awarded reimbursement amount to CIGA from Pennsylvania was based on unreliable evidence and required further proceedings to ensure accuracy. The WCAB also noted that Pennsylvania's petition improperly relied on evidence not in the record.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) rescinded the original award and returned the case to the trial level for further proceedings due to insufficient evidence. Specifically, the WCAB found a lack of conclusive evidence supporting the general/special employment relationship between Drake Office Overload and USF Distribution. Additionally, the WCAB determined that the awarded reimbursement amount to CIGA from Pennsylvania was based on unreliable evidence and required further proceedings to ensure accuracy. The WCAB also noted that Pennsylvania's petition improperly relied on evidence not in the record.

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