Interstate Resorts And Hotels; Marriott Laguna Cliffs Resort & Spa; Zurich North America; Alderson/Diversified, Inc.; Team Built LP/Howard S. Wright Enterprises LP; Zurich North America; C.W. Driver Contractors; Arch Construction Insurance as administered by Gallagher Bassett Services, Inc. Daniel Varela (Deceased) Debra Varela (Dependant) , RELEVANT FACTS Applicant, while employed as a laborer on April 18, 2009, fell four stories after his harness failed and sustained head trauma, resulting in his death. At the time of the incident, applicant was employed by Alderson Diversified, Inc. and was working at a construction site at the Laguna Cliffs Marriott. Alderson Diversified, Inc. did not have workers’ compensation insurance, and a death claim was filed against Interstate on the basis of Labor Code section 2750.5.1 Subsequently, on July 29, 2010, defendant Team Built LP/Howard S. Wright Enterprises LP and its insurer Zurich North America (Team Built) were joined as party defendants on the basis that Team Built was the project manager at the job site. On August 18, 2010, C.W. Driver was joined on the basis that C.W. Driver was the general contractor at the job site. On April 8, 2011, C.W. Driver filed a petition to be dismissed as party defendants on the grounds that it was not the general contractor on the project, and was working on a different project, at the time of applicant’s injury and death. On April 14, 2011, the WCJ issued notice of intention to dismiss C.W. Driver as party defendants within 15 days unless good cause was shown. On May 17, 2011. the WCJ issued the order. dismissing C.W. Driver as party defendants on the basis that no good cause to the contrary had been shown. Interstate filed this petition for reconsideration, or in the alternative removal, on June 6, 2011, on the grounds that it timely filed an objection to the notice of intention on April 20, 2011. In her Report of June 10, 2011, the WCJ states
Menu
