Santos Hernandez vs. Ilink Business Management, Inc.; State Compensation Insurance Fund; Aig For Commerce Ant

In this case, Santos Hernandez, the applicant, sought to join the Uninsured Employers Benefits Trust Fund (UEBTF) as a defendant. The Workers' Compensation Appeals Board granted the Petition for Removal and joined the UEBTF as a party defendant. The Board also ordered all parties to serve the Director of Industrial Relations as Administrator of the UEBTF and the Office of the Director Legal Unit with copies of all medical reports and pleadings previously filed and to be filed with the Workers' Compensation Appeals Board.

Ilink Business Management, Inc.; State Compensation Insurance Fund; Aig For Commerce Ant Santos Hernandez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANTOS HERNANDEZ, Applicant,vs.ILINK BUSINESS MANAGBMENT, INC.; STATE COMPENSATION INSURANCE FUND; AIG for COMMERCE AND INDUSTRY, Defendants,Case Nos. ADJ10510561426: ADJ10561449OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Applicant seeks removal of the October 25, 2019 Order Denying Petition for Joinder of the Uninsured Employers Benefits Trust Fund Without Prejudice. We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, we will grant removal, rescind the Order, and substitute a new Order joining the Uninsured Employers Benefits Trust Fund (UEBTF).            In this case, applicant’s counsel has been attempting to join UEBTF for over a year. According to a Proof of Service dated October 22, 2019, the Special Notice of Lawsuit, Application, and Claim Form were left with “Emily’’ at Gabriel Ayala’s office on October 21, 2019. Applicant filed the most recent Petition for Joinder the next day on October 22, 2019. Substituted Service may be effectuated by leaving documents at a person’s office “during usual office hours in his or her office …with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first- class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left.’’ (Cal Code Civ Proc., § 415.20(a).) “Service of a summons in this manner is deemed complete on the 10th day after the mailing.’’ (Ibid.) Because applicant filed the Petition for Joinder on the day after the documents were left at the employer’s office and the ten day period had not yet elapsed, service was not complete at the time the P

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