DEPENDABLE CARE TRANSPORTATION; AVIZENT; CALIFORNIA INSURANCE COMPANY ALAN LIVHITS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALAN LIVHITS, Applicant,vs.DEPENDABLE CARE TRANSPORTATION; AVIZENT; CALIFORNIAINSURANCE COMPANY, Defendants.Case No. ADJ7959316(Van Nuys District Office)OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Order Dismissing Party Defendant for Lack of Coverage issued by a workers’ compensation administrative law judge (WCJ) on July 5, 2012, wherein the WCJ issued an Order dismissing Defendant Praetorian Insurance Corporation and QBE Americas, Inc., c/o Aviznet/Frank Gates Services (hereinafter “Praetorian”), for lack of insurance coverage. Applicant claimed cumulative injury to his brain and other body systems when he suffered a stroke, while employed as a non-emergency transportation driver from January 1, 2003 to July 5, 2012. Applicant contends that the WCJ erred in dismissing Praetorian, arguing that insurance coverage disputes between the employer and the insurance carriers shall be submitted for arbitration pursuant to Labor Code section 5275.1 We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. Praetorian filed an Answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be denied. For the reasons set forth herein, we will grant reconsideration, rescind the July 5, 2012 Order Dismissing Party Defendant for Lack of Coverage, and return the matter to the trial level for further proceedings and a new decision. 1 Unless otherwise stated, all further statutory references are to the Labor Code. , FACTS As relevant here, applicant claimed cumulative injury while employed as a transportation driver by the employer, Dependable Care Transportation, from January 1, 2003 to July 5, 2012. The employer provi
Menu
