DIANE LIN dba PANORAMA MOTEL, illegally uninsured, and UNINSURED 9 EMPLOYERS BENEFIT TRUST FUND, BLANCA ANCHONDO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABLANCA ANCHONDO, Applicant,vs.DIANE LIN dba PANORAMA MOTEL, illegally uninsured, and UNINSURED EMPLOYERS BENEFIT TRUST FUND, Defendants.Case Nos. ADJ4422874 (VNO 0482500)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the Findings and Order that issued in this case on July 2, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that she did not sustain an injury arising out of and occurring in the course of her employment during the cumulative period from August 16, 1993 to September 25, 2003 to multiple body parts. Applicant contends that the WCJ’s decision is erroneous because defendant failed to timely deny her claim of injury and also failed to prove that she did not sustain the injury as alleged. Additionally, applicant claims that the WCJ erred in relying on deposition transcript testimony of the applicant when applicant failed to appear for the last day of trial. Further, applicant argues that defendant waived its right to assert a post-termination defense to her claim of injury. We have considered the allegations of the Petition for Reconsideration and the contents of the Report and Recommendation on Petition for Reconsideration (Report) of the WCJ. We have not received an answer to the petition from defendant. As expressly noted by the WCJ, and consistent with our review of the record in this case, applicant failed to serve the petition for reconsideration upon the Uninsured Employers Benefit Trust Fund (UEF), a party to this case. Based upon our review of the record, and for the reasons stated below, we will dismiss applicant’s petition for reconsideration. , Labor Code section 5905 requires service of a copy of the petition for reconsideration upon all adverse part
Blanca Anchondo, vs. Diane Lin Dba Panorama Motel, Illegally Uninsured, And Uninsured 9 Employers Benefit Trust Fund,
This case involves Diane Lin dba Panorama Motel, who was found to be illegally uninsured, and the Uninsured Employers Benefit Trust Fund (UEBTF). Applicant Blanca Anchondo sought reconsideration of the Findings and Order that issued in this case on July 2, 2009, wherein the workers' compensation administrative law judge (WCJ) found that she did not sustain an injury arising out of and occurring in the course of her employment during the cumulative period from August 16, 1993 to September 25, 2003 to multiple body parts. The Petition for Reconsideration was dismissed due to failure to serve the petition for reconsideration upon the UEF, a party to this case, and for the reasons stated in the WCJ's report
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ4422874
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