CAST & CREW ENTERTAINMENT SERVICES INC ZURICH NORTH AMERICA INSURANCE John Bistagne WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN BISTAGNE, Applicant,vs.CAST & CREW ENTERTAINMENTSERVICES INC.; ZURICH NORTHAMERICA INSURANCE, Defendants.Case No. ADJ8960469(Los Angeles District Office)OPINION AND ORDERDENYING PETITION FORREMOVAL Defendant, Zurich North American (Zurich), has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated October 17, 2013, wherein the workers’ compensation administrative law judge (WCJ) denied Zurich’s Petition for Dismissal Pursuant to Labor Code Section 5500.5.1 Zurich contends that it will sustain irreparable harm if it is required to litigate a claim for which it has no liability. We have not received an answer from applicant. Applicant, while employed as a prop maker from October 1, 1978, through May 10, 2009, claims to have sustained an industrial injury to multiple body parts. In his Application for Adjudication of Claim (Application) filed June 12, 2013, applicant identifies “Cast and Crew” as his employer and “Zurich Los Angeles” as its insurance carrier. He also alleges that the injury was the result of “injurious exposure in California multiple employers doing hard work [sic].” In its Petition for Dismissal, Zurich contends that applicant’s last date of employment with Cast and Crew was September 15, 2007. There is no record of employers between September 15, 2007, and May 10, 2009, if any. Section 5500.5(a) provides in relevant part: “Except as otherwise provided in Section 5500.6, liability for occupational disease or cumulative injury claims filed or asserted on or after [January 1, 1 Unless otherwise specified, all statutory references are to the Labor Code. , 1981] shall be limited to those employers who employed the employee during the period of [one year] immediately preceding either the date of injury, as determined pursuant to Sect
John Bistagne vs. CAST & CREW ENTERTAINMENT SERVICES INC ZURICH NORTH AMERICA INSURANCE
This case involves a worker's compensation claim filed by John Bistagne against his employer, Cast & Crew Entertainment Services Inc., and its insurance carrier, Zurich North America Insurance. Bistagne claims to have sustained an industrial injury to multiple body parts while employed as a prop maker from October 1, 1978, through May 10, 2009. Zurich has filed a Petition for Removal, requesting that the Appeals Board rescind the Order denying its Petition for Dismissal Pursuant to Labor Code Section 5500.5. The Appeals Board denied the Petition for Removal, returning the case to the trial level to be set for a priority conference. Once the WCJ determines that all necessary parties have been joined, the case will be set for trial on the issues of
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ8960469
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