GUSTAFSON MANUFACTURING CORP.; REMOVAL REVCON MOTOR COACH MFG.; UNINSURED EMPLOYERS BENEFITS TRUST FUND; PACIFIC EMPLOYER INSURANCE CO. (ESIS), ALBERTO MACIAS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALBERTO MACIAS, Applicant,vs.GUSTAFSON MANUFACTURING CORP.; REVCON MOTOR COACH MFG.; UNINSURED EMPLOYERS BENEFITS TRUST FUND; PACIFIC EMPLOYER INSURANCE CO. (ESIS), Defendants.Case No. ADJ3070416 (LAO 0707238)ADJ3611048 (LAO 0707239)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, GRANTING REMOVAL, AND DECISION AFTER REMOVAL Defendant Pacific Employer Insurance Co. (ESIS) petitions for removal or for reconsideration of the January 20, 2009 Amended Findings and Order of the workers’ compensation administrative law judge (WCJ) who found in full that, “The Arbitrator’s Decision of 9/16/04 is unenforceable.” Based upon that finding, the WCJ ordered the parties “to obtain another arbitration order with regards to applicant’s dates of employment for the alleged cumulative trauma or submit the issue to be determined by the undersigned.” In his earlier September 16, 2004 Findings on Employment and Insurance Coverage the Arbitrator found in pertinent part that applicant “was employed on May 8, 1987, and from August, 1985 through May 8, 1985 [sic] by defendant employer…” Applicant’s claims of industrial injury to various body parts while working as a welder during the cumulative trauma period from August 1985 to May 8, 1990, was earlier settled by compromise and release as approved by the WCJ on June 26, 2007, for a lump sum payment of $28,000. Applicant claim for vocational rehabilitation benefits was not settled as part of that agreement. , Defendant contends that the September 16, 2004 finding of the Arbitrator regarding the dates of applicant’s employment is final for all purposes, that there is no support for the WCJ’s determination that the Arbitrator’s decision is unenforceable, and that the WCAB has no jurisd
Alberto Macias, vs. Gustafson Manufacturing Corp.; Removal Revcon Motor Coach Mfg.; Uninsured Employers Benefits Trust Fund; Pacific Employer Insurance Co. (esis),
This case involves a dispute between Alberto Macias, the applicant, and Gustafson Manufacturing Corp., Revcon Motor Coach Mfg., Uninsured Employers Benefits Trust Fund, and Pacific Employer Insurance Co. (ESIS), the defendants. Macias claimed industrial injury to various body parts while working as a welder during the cumulative trauma period from August 1985 to May 8, 1990. The parties agreed to use an Arbitrator to determine insurance coverage and employment, and the Arbitrator found in his September 16, 2004 Findings on Employment and Insurance Coverage that Macias was employed "from August, 1985 through May 8, 1985 [sic]." Pacific Employer Insurance Co. (ESIS) petitioned for removal or for reconsideration of the January
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ3070416
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