Jesus Aguilar dba C&A Framing et al. Aurelio Ramos Lopez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAURELIO RAMOS LOPEZ, Applicant,vs.JESUS AGUILAR dba C&A FRAMING et al., Defendant(s).Case No. ADJ6940334OPINION AND ORDER GRANTING DEFENDANT’S PETITONS FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION:Defendants, Jesus Aguilar dba C&A Framing (C&A) and Granite State Insurance Company (Granite), each seek reconsideration of the “Judgment”, dated November 9, 2010 and served by mail on November 16, 2010, wherein the arbitrator issued an unsigned “Judgment” as follows: “This matter having been regularly called for arbitration on November 9, 2010 on the issue of coverage by Chartis Insurance Company; the alleged date of injury of July 8, 2009 and having heard the testimony offered, it is found as fact that Chartis Insurance Company/AIG did not extend workers’ compensation insurance coverage to C & A Framing beyond December 1, 2008 and therefore, not on the alleged date of injury in this case of July 8, 2009.” There was no opinion on decision that accompanied this finding. Defendant Granite contends that the WCJ erred by issuing the “Judgment” arguing that defendant was denied due process rights “when the November 9, 2010 arbitration proceeded forward because petitioner was joined as a party defendant on October 12, 2010, 28 days prior to said arbitration and was not afforded an opportunity to conduct discovery and defend this matter.” Defendant C&A contends that the WCJ erred by dismissing AIG arguing: (1) that substantial evidence supports a finding of “coverage to applicant via his employer, C&A. during the period of August 15, 2008 to August 15, 2009, and specifically on the date of injury July 8, , 2009”; and (2) that AIG “waived and/or should be stopped from asserting denial of coverage and here in fact explicitly communicated via email, though in error, ‘the California policy is still in force.”‘ Defendant AIG file
Aurelio Ramos Lopez vs. Jesus Aguilar Dba C&A Framing Et Al.
In this case, Jesus Aguilar dba C&A Framing and Granite State Insurance Company sought reconsideration of the "Judgment" issued by the arbitrator. The Workers' Compensation Appeals Board granted the petitions for reconsideration and rescinded the arbitrator's "Judgment" due to its lack of compliance with statutory duties. The matter was returned to the arbitrator for further proceedings and a new decision consistent with the opinion.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6940334
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