WAKEFIELD ENGINEERING; AIG COSTA MESA; and LUMBERMEN’S MUTUAL CASUALTY CO., administered by BROADSPIRE SACRAMENTO, MARIA FUENTES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA FUENTES, Applicant,vs.WAKEFIELD ENGINEERING; AIG COSTA MESA; and LUMBERMEN’S MUTUAL CASUALTY CO., administered by BROADSPIRE SACRAMENTO, Defendant(s).Case Nos. ADJ3688325 (SBR 0323875)ADJ1445844 (SBR 0323876)ADJ4577184 (SBR 0323877)ORDER DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Alpha Technology dba Wakefield Thermal Solutions and Commerce and Industry Insurance Company, care of AIC Domestic Claims, Inc. (defendant) seeks reconsideration of the Order Setting Aside Order Setting Aside Findings and Award (Order) that a workers’ compensation administrative law judge (WCJ) issued in this case on July 8, 2009. Defendant contends that the WCJ erred when she issued the Order because that action had the effect of reinstating the original award against defendant even though defendant had been dismissed as a party defendant in WCAB Case No. ADJ3688325 (SBR 0323875), one of the cases in which the original award issued. Defendant also asserts that it was deprived of the due process when the WCJ issued the Order because it was not afforded an opportunity to be heard on the issue. Finally, defendant claims that the WCJ’s Order is a violation of Weiner v. Ralph’s Co. (2009) 74 Cal.Comp.Cases 736 (Appeals Board, en banc) (Weiner) because it is an attempt to re-grant new jurisdiction by consent, waiver or estoppel, contrary to the holding in Weiner. Co-defendant, Lumbermen’s Mutual Casualty Co. (defendant Lumbermen’s) has filed an answer to the petition for reconsideration/removal. Applicant has not filed an answer. The WCJ has prepared a Report and Recommendation on Petition for Reconsideration (Report) in which she recommends that the petition for reconsideration and/or removal be denied. , Statement of Facts Applicant, born Apr
Maria Fuentes, vs. Wakefield Engineering; Aig Costa Mesa; And Lumbermen’s Mutual Casualty Co., Administered By Broadspire Sacramento,
, WAKEFIELD ENGINEERING , AIG COSTA MESA , LUMBERMEN'S MUTUAL CASUALTY CO. , BROADSPIRE SACRAMENTO , MARIA FUENTES , WORKERS' COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA , Alpha Technology dba Wakefield Thermal Solutions , Commerce and Industry Insurance Company , AIC Domestic Claims, Inc. , Weiner v. Ralph's Co. , Rehabilitation Unit , WCJ , Minutes of Hearing of the Expedited Trial of September 16, 2008 , October 22, 2008 Findings and Award , December 17, 2008 , May 4, 2009 Order Setting Aside Findings and Award , July 8, 2009 ,
- Filed On:
- Court: California, San Bernardino
- Case No. ADJ3688325
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