Home/Case Law/APOLINAR DEL HOYO vs. ARCHSTONE HARBORVIEW, ACE GROUP/ESIS, IRVINE COMPANY, FEDERAL INSURANCE/SEDGWICK
Regular DecisionDecision After Reconsideration

APOLINAR DEL HOYO vs. ARCHSTONE HARBORVIEW, ACE GROUP/ESIS, IRVINE COMPANY, FEDERAL INSURANCE/SEDGWICK

Filed: Apr 28, 2023
San Diego
ADJ8555171, ADJ10259448, ADJ11129372

CompFox AI Summary

The Appeals Board rescinded the WCJ's July 21, 2020, Findings and Award and returned the matter for further proceedings. This decision stemmed from defendant Irvine Company's petition for reconsideration, arguing the WCJ failed to adequately explain its determination of Irvine as the responsible carrier for cumulative trauma injury in ADJ10259448. The Board found the WCJ's report deficient and that crucial elements for determining liability under Labor Code sections 5412 and 5500.5 were not adequately addressed or determined. Consequently, the case is remanded for the WCJ to properly address issues of injury, date of disability, knowledge of causation, and the relevant timeframes for establishing liability.

Full Decision Text1 Pages

The Appeals Board rescinded the WCJ's July 21, 2020, Findings and Award and returned the matter for further proceedings. This decision stemmed from defendant Irvine Company's petition for reconsideration, arguing the WCJ failed to adequately explain its determination of Irvine as the responsible carrier for cumulative trauma injury in ADJ10259448. The Board found the WCJ's report deficient and that crucial elements for determining liability under Labor Code sections 5412 and 5500.5 were not adequately addressed or determined. Consequently, the case is remanded for the WCJ to properly address issues of injury, date of disability, knowledge of causation, and the relevant timeframes for establishing liability.

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APOLINAR DEL HOYO vs. ARCHSTONE HARBORVIEW, ACE GROUP/ESIS, IRVINE COMPANY, FEDERAL INSURANCE/SEDGWICK (2023) – San Diego | CompFox