Eleanor Castillo vs. Senior Helpers: Endurance Insurance Overview

This case involves a petition for reconsideration by defendant Endurance Insurance Company, and its administrator First Comp, of a decision issued by a workers' compensation administrative law judge on December 27, 2012. The Appeals Board granted the petition for reconsideration and granted the defendant's request to file a supplemental response to address new issues raised by lien claimant in the Answer that were not raised at trial. The Appeals Board also ordered that all documents, pleadings, written correspondence, objections, motions, requests, and communications must be filed at the Office of the Commissioners of the Workers' Compensation Appeals Board and not at any other district office or through the Electronic Adjudication Management System (EAMS).

Senior Helpers; Endurance Insurance, administered by First Comp Eleanor Castillo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELEANOR CASTILLO, ADJ6590824, Applicant,vs.SENIOR HELPERS; ENDURANCE INSURANCE, administered by FIRST COMP, Defendants.Case Nos. ADJ6590798 (Pomona District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION            Reconsideration has been sought by defendant Endurance Insurance Company, and its administrator First Comp with regard to a decision issued by a workers’ compensation administrative law judge on December 27, 2012.            Taking into account the statutory time constraints for acting on the petition, and based upon our initial review of the record, we believe reconsideration must be granted in order to allow sufficient opportunity to further study the factual and legal issues in this case. We believe that this action is necessary to give us a complete understanding of the record and to enable us to issue a just and reasoned decision. Reconsideration will be granted for this purpose and for such further proceedings as we may hereinafter determine to be appropriate.            Lien claimant Mumtaz Ali, M.D., filed an Answer on February 22, 2012 to defendant’s Petition for Reconsideration. On March 14, 2013, defendant sought permission to file a supplemental response to the Answer to respond to new issues raised by lien claimant in the Answer that were not raised at trial.            Under Appeals Board Rule 10848, the Appeals Board has discretion to approve the filing of supplemental pleadings. (Cal. Code Regs., tit. 8, § 10848.) Here, defendant sought reconsideration on the issue of the denial of its request for reasonable expenses and sanctions against lien claimant. (Lab. Code, § 5813; Cal. Code Regs., tit. 8, 10561.) We believe that in order to fully develop the record, it is , necessary to grant defendant’s request to file a supplemental response. (See Evans v. Workmen’s Comp. Appeals Bd. (1968) 68

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