TED GLASSBURN dba TED’S AUTOMOTIVE; UNINSURED EMPLOYERS BENEFIT TRUST FUND DALE PAYNE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADALE PAYNE, Applicant,vs.TED GLASSBURN dba TED’S AUTOMOTIVE; UNINSUREDEMPLOYERS BENEFIT TRUST FUND, Defendants.Case No. ADJ6681477(Anaheim District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant employer Ted Glassburn in pro per (defendant employer) filed Defendant’s Amended Motion for Reconsideration on September 4, 2012 of the Order Approving Compromise & Release (OACR) issued by the workers’ compensation administrative law judge (WCJ) on July 23, 2012. Defendant employer contends in pertinent part that his objection to applicant Dale Payne (applicant)’s workers’ compensation claim should have been considered and that the Compromise & Release (C&R) should not have been approved. We received an answer from applicant. We received a Report and Recommendation (Report) from the WCJ in response to defendant employer’s petition for reconsideration, which recommends that it be granted. We have reviewed the record and considered the allegations of defendant employer’s petition for reconsideration and applicant’s answer, and the contents of the Report. Based on our review of the record, for the reasons stated below, we will grant defendant’s petition, rescind the OACR, and return the matter to the WCJ for a hearing and a new decision. By way of background, applicant claimed that he sustained specific injury of January 31, 2008 to various body parts while employed by defendant employer as a mechanic. Defendant employer did not , have workers’ compensation insurance coverage, and Uninsured Employers Benefits Trust Fund (UEBTF) was joined as a defendant on May 4, 2009. Subsequently, applicant and UEBTF entered into a C&R. The WCJ issued a notice of intention to approve the C&R on June 20, 2012, providing for twenty (20) days to object t
DALE PAYNE vs. TED GLASSBURN Dba TED’S AUTOMOTIVE; UNINSURED EMPLOYERS BENEFIT TRUST FUND
This case is about Dale Payne, an employee of Ted Glassburn dba Ted's Automotive, who claimed to have sustained an injury on January 31, 2008 while working as a mechanic. The employer did not have workers' compensation insurance coverage, so the Uninsured Employers Benefits Trust Fund (UEBTF) was joined as a defendant. Payne and UEBTF entered into a Compromise & Release (C&R). The WCJ issued a notice of intention to approve the C&R, but the OACR was not served properly. Glassburn filed a petition for reconsideration, which was granted, and the OACR was rescinded. The matter was returned to the WCJ for a hearing and a new decision.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ6681477
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