JOAQUIN VARGAS FLORES; UNINSURED EMPLOYERS FUND; JOANNE L. CORDOVA; FIRE INSURANCE , EXCHANGE, FERMIN ANTONIO AMAYA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFERMIN ANTONIO AMAYA, Applicant,vs.JOAQUIN VARGAS FLORES; UNINSURED EMPLOYERS FUND; JOANNE L. CORDOVA; FIRE INSURANCE EXCHANGE, Defendants.Case No. ADJ338022 (VNO 0469583)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION The Uninsured Employers Benefits Trust Fund (UEF) seeks reconsideration of the November 17, 2008 Amended Findings and Award wherein the workers’ compensation administrative law judge (WCJ) found that the applicant “is not an employee of the homeowner.” The WCJ also rescinded the dismissal of UEF.1 UEF contends that the WCJ erred in rescinding the dismissal of UEF, arguing that the WCJ is without jurisdiction to amend the compromise and release agreement and, therefore, could not rescind the applicant’s dismissal of Joaquin Vargas. We reviewed the record in this matter. We received an answer from Fire Insurance Exchange. The WCJ prepared a Report on Reconsideration (Report), recommending that UEF’s petition be granted to clarify the findings and otherwise affirm. For the reasons discussed below, we will grant reconsideration, rescind the November 17, 2008 Findings and Award, and return this matter to the trial level for further proceedings and a new decision by the WCJ. 1From our review of the record, it does not appear that UEF was dismissed from the case, and, therefore, we cannot determine what dismissal the WCJ is referring to in his finding. As discussed below, the applicant dismissed Joaquin Vargas Flores as part of a Compromise and Release agreement, but the Order Approving the Compromise and Release did not include a dismissal of either Joaquin Vargas Flores or the UEF. , As mentioned above, the applicant’s workers’ compensation claim against Joanne L. Cordova and Fire Insurance Exchange was
Fermin Antonio Amaya, vs. Joaquin Vargas Flores; Uninsured Employers Fund; Joanne L. Cordova; Fire Insurance , Exchange,
This case involves a workers' compensation claim by Fermin Antonio Amaya against Joanne L. Cordova, Fire Insurance Exchange, and Joaquin Vargas Flores. Amaya's claim was resolved by a compromise and release agreement, in which he agreed to dismiss his claim against Vargas Flores. The Uninsured Employers Benefits Trust Fund (UEF) was not a party to the agreement, but subsequently filed petitions to be dismissed as a party defendant. The Workers' Compensation Appeals Board granted reconsideration of the November 17, 2008 Amended Findings and Award, rescinded the award, and returned the matter to the trial level for further proceedings and a decision by the WCJ.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ338022
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